State pension non-contributory is a means-tested payment for people aged 66 and over, habitually residing in the State, who do not qualify for a state pension contributory, or who only qualify for a reduced rate contributory pension based on their social insurance record. In order to satisfy the habitual residence condition, the person must have a legal right of residence in the State.
All European Union (EU) citizens have a right of residence in the State for up to three months, during which time they may not access the social welfare system. The right of residence in the State of an EU citizen for longer than this period is conditional on the citizen satisfying the relevant provisions set down in legislation and having sufficient resources so as not to become an unreasonable burden on this country's social welfare system. EU citizens can gain a right of permanent residency after five years legal residence in the State, or after three years if they have worked in the State for the twelve months immediately prior to reaching state pension age.
The person concerned is an EU citizen who came to Ireland to reside with their daughter (who is also an EU citizen) on 10 April 2019. The person has no record of employment in the State and submitted an application for state pension non-contributory on 29 April 2019. I am advised that the application was disallowed as the person concerned, not yet residing in the State for five years or more and not appearing to have sufficient resources so as not to be a burden on the State, had not established a legal right of residence and failed to satisfy the habitual residence condition for the state pension non-contributory scheme.
In due course, if the person concerned can provide a verified record of at least five years residency in the State, it is open to them to re-apply for state pension non-contributory.
I hope this clarifies the matter for the Deputy.