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Social Welfare Code

Dáil Éireann Debate, Tuesday - 22 February 2022

Tuesday, 22 February 2022

Questions (520)

Richard Boyd Barrett

Question:

520. Deputy Richard Boyd Barrett asked the Minister for Social Protection the measures that are in place for those reaching 65 years of age who should qualify for the over-65s benefit payment but do not satisfy the PRSI contribution criteria as a direct result of the Covid-19 pandemic and the loss of income; and if she will make a statement on the matter. [9498/22]

View answer

Written answers

The Benefit Payment for 65 year olds was introduced in line with the Programme for Government commitment, to provide a benefit payment for people aged 65, who are required to retire, or who chose to retire, without a requirement to sign on, engage in activation measures or be available for and genuinely seeking work.

The payment is made under the Jobseeker’s Benefit or Jobseeker’s Benefit (Self-Employed) social insurance schemes in accordance with the provisions of Chapter 12 of the Social Welfare Consolidation Act 2005 as amended in the case of Jobseekers Benefit (JB) and Chapter 12A of the same Act in the case of Jobseekers Benefit Self-Employed (JBSE).

The rate of payment for both Jobseekers Benefit and Jobseekers Benefit self employed is paid at a graduated rate which is determined by a person’s average earnings in the general contribution year (GCY), which is the second last complete tax year (form claims made in 2022 this is 2020). However, Benefit Payment for 65 year olds is paid at the maximum weekly personal rate which is €208 irrespective of the previous earnings or income.

To be eligible for the payment a person must satisfy all the qualifying conditions of the scheme including the requirement to have the specified number of social insurance contributions paid.

The Social Welfare (Covid-19) (Amendment) Act 2020, provides, amongst other measures, for the attribution of social insurance contributions, for a prescribed period, to insured persons who were beneficiaries of certain Covid-19 income support payments. These payments include the Pandemic Unemployment Payment (PUP) and Jobseekers Payment in lieu of PUP.

The attribution of contributions ensured that persons entitled to and in receipt of the PUP had social insurance contributions attributed to them at the same value as they were paying while employed immediately before going on the payment.

If a self-employed customer was entitled to and in receipt of PUP, or a jobseeker’s payment in lieu of PUP, and was not liable to make a self-employment contribution in respect of the 2020 contribution year, they will, in accordance with the provisions of Statutory Instrument 730 of 2021, Social Welfare (Consolidated Contributions of Insurability)(Amendment)(No.2)(Attribution of Self-Employment Contributions) Regulations 2021, be attributed 52 self-employment contributions in respect of that year. This attribution process is expected to happen in early March.

These measures mean that people who lost their employment arising from the Covid-19 pandemic will not be disadvantaged in accessing social insurance benefits in the future, including the Benefit Payment for 65 year olds.

Where a person does not satisfy the conditionality for receipt of the Benefit Payment for 65 year olds they may apply for means tested Jobseeker's Allowance.

Finally, If the Deputy is referring to a specific case I would advise that they should forward the details to my Department for review,

I trust that this clarifies the position.

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