The common practice is that a person will apply to Scope section in the Department of Social Protection for a determination concerning their PRSI status in advance of applying for a State pension. Scope section will determine if a person genuinely worked in a partnership and is able to demonstrate that that was the case. Where retrospective commercial partnership status is approved, persons are in a position to apply for a State pension (contributory), subject to satisfying the qualification criteria.
If a person is not satisfied with the decision of the deciding officer in Scope section the person may appeal the decision to the Social Welfare Appeals Office.
It is not possible to provide statistics on the number of applications for the State pension (contributory) where eligibility was determined on the basis of a partnership between spouses. However, the number of applications for recognition of a commercial partnership in the last six years (2011-2016) is set out in the following table.
This shows that the vast majority of applicants had their legal status as a commercial partnership confirmed. Over the six years, only 70 people had their claim for commercial partnership status rejected, an average of less than 12 per year.
I am satisfied that the system in place, including the appeals mechanism, provides a thorough and fair review process.
I hope this clarifies the matter for the Deputy.
|
Year Received
|
Partnership
Status Approved
|
Partnership
Status Rejected
|
|
2011
|
213
|
14
|
|
2012
|
158
|
17
|
|
2013
|
197
|
11
|
|
2014
|
150
|
9
|
|
2015
|
135
|
14
|
|
2016 (Jan-May)
|
50
|
5
|
