Dáil Éireann Debate, Tuesday - 2 February 2016
139. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Social Protection if a person (details supplied) should be refused a State pension (contributory) based on a regulation set out in section 110(1)(a) of the Social Welfare Consolidation Act 2005, which is not mentioned on her Department's website, or in the relevant application forms; and whether these are sufficient grounds to refuse their pension. [4331/16]
View answerAccording to the records of the Department, the person concerned is not eligible for a standard-rate state pension (contributory) under Irish social welfare legislation, as he does not satisfy the minimum 520 (full-rate) paid contributions condition. His record shows a total of 336 reckonable contributions only, from his Irish employments between 31 August 1970 and 31 December 2013.
The Department’s website www.welfare.ie contains a Frequently Asked Questions guide to state pension (contributory). Question 8 of that guide, “What are self-employment contributions?” explains that as part of the eligibility conditions for state pension provided for in social welfare legislation, an applicant who has been insurably self-employed must have paid at least one year’s self-employment contributions prior to reaching age 66. While the person’s record includes class-S contributions in respect of his self-employment in Ireland between 2004 and 2013, these contributions could not be included in his assessment for state pension (contributory) as he did not pay any self-employment contributions before reaching age 66.
The person is currently in receipt of a pro-rata state pension (contributory) under EU regulations, this entitlement having been assessed and awarded on the basis of his combined Irish, UK and Netherlands insurance records.
The person concerned has appealed the decision to disallow a state pension (contributory) under Irish legislation. A submission on behalf of the Deciding Officer in this case has been forwarded to the Social Welfare Appeals Office. The outcome of that appeal is awaited.
