Dáil Éireann Debate, Wednesday - 27 January 2021
499. Deputy Bernard J. Durkan asked the Minister for Social Protection if she will review under section 110(2) of the Social Welfare (Consolidation) Act 2005 entitlement to a State pension (contributory) in the case of a person (details supplied); and if she will make a statement on the matter. [3779/21]
View answerThe person concerned reached pension age on 13 July 2015. They initially applied for State pension (contributory) on 27 July 2015. According to the records of my Department, the person had a contribution record of 226 paid full-rate social insurance contributions. As their contributions fell short of the required 520 paid full-rate contributions to qualify for State Pension (contributory), their claim was disallowed. They were notified in writing of this decision on 7 August 2015 and provided with a copy of their social insurance record on which the decision was based.
The person re-applied for State pension (contributory) and provided self-employment details. Under social welfare legislation, a self-employed contributor will not be regarded as satisfying the contribution conditions for State pension (contributory) unless the person has paid self-employment contributions in respect of at least one contribution year prior to reaching age 66 and all self-employment contributions payable have been paid.
While the person concerned has paid self-employment (Class S) contributions for the tax years 2006 to 2014, all self-employment contributions were paid after the person reached age 66. Therefore, under the governing legislation these self-employment contributions are not qualifying contributions for State pension (contributory) purposes. They cannot be included with the person’s 226 paid full-rate contributions for calculation of pension entitlement.
The person concerned was notified of this decision in writing on 19 November 2019. Following a requested review, this decision remained unchanged, and the person was advised accordingly on 11 March 2020. The person then appealed their pension decision to the independent Social Welfare Appeals Office. Their appeal was disallowed on 27 July 2020.
They may wish to consider applying for State pension (non-contributory). An application form was provided to them on 11 March 2020. This is a means-tested, residency-based payment for people of pension age. Social welfare legislation provides that the means test takes account of the income and assets of the applicant (and spouse/civil partner/cohabitant as applicable). Income and assets include income from employment, self-employment, occupational pensions, maintenance payments as well as property owned (other than the family home) and capital such as savings, shares and other investments.
I hope this clarifies the matter for the Deputy.
