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State Pension (Contributory)

Dáil Éireann Debate, Tuesday - 8 September 2020

Tuesday, 8 September 2020

Questions (668)

Willie O'Dea

Question:

668. Deputy Willie O'Dea asked the Minister for Social Protection the reason a person (details supplied) has been refused the State pension (contributory). [21247/20]

View answer

Written answers

The person concerned reached pension age on 2 April 2012. They applied for State pension (contributory) on 7 January 2015. At the time of the person’s application, the qualifying conditions for State pension (contributory) required a minimum of 260 paid full-rate contributions and a minimum yearly average of 10. According to the records of my Department, the person had 210 paid full-rate social insurance contributions and a yearly average of 5. Their claim was therefore disallowed. They were notified in writing of this decision on 26 February 2015, provided with a copy of their social insurance record on which the decision was based, and afforded the right of review and/or appeal.

The person sought a review of their social insurance record. The matter was referred to a Social Welfare Inspector for investigation. Additional information was requested from the person concerned on 1 May 2015 and 18 August 2015. In the absence of a reply, the review was closed and the person was notified accordingly on 15 September 2015.

The person concerned forwarded correspondence to my Department on 2 October 2015, which was again referred to a Social Welfare Inspector. Despite attempts by the Inspector to contact the person concerned, the investigation could not be concluded. The review was closed and the person was notified accordingly on 14 November 2016.

The person concerned contacted my Department on 11 October 2018 with a list of employers and a contact address in Ireland. They were not available to meet the Social Welfare Inspector and the investigation was again closed on 27 November 2018.

On 18 December 2019, on completion of the investigation into the person’s record, an additional 64 contributions were awarded. Only employment from the person’s 16th birthday can be considered for social insurance purposes. The person’s entitlement to State pension (contributory) was then reviewed. However, since they did not have a minimum yearly average of 10, their claim was disallowed. They were notified in writing of this decision on 9 January 2020, which included a copy of their social insurance record on which the decision was based and afforded the right of appeal.

The person appealed this decision to the independent Social Welfare Appeals Office (SWAO). On 9 March 2020, the SWAO requested a reply to issue explaining the decision, and if the person was not satisfied with the explanation, they should contact the SWAO. A reply issued from State pension (contributory) section to the person on 6 April 2020 explaining the pension decision. The person has not pursued their appeal to date.

I hope this clarifies the position for the Deputy.

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