Dáil Éireann Debate, Thursday - 21 September 2023
214. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which a person (details supplied) qualifies for a non-contributory top-up of their Polish pension, given that they are permanently resident here for more than three years; if they qualify on the basis of their residency here; whether the relevant period of domicile is three years or ten years; and if she will make a statement on the matter. [40952/23]
View answerState 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, it first must be established that the person has an unconditional right of residence in the State that does not preclude them from receipt of relevant social assistance payments.
All EU/EEA citizens have an unconditional 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/EEA 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 the country's social assistance system. EU/EEA citizens will qualify for a right of permanent residence 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’s application was disallowed on the grounds that continued residency in the State, of more than five years, had not been established and, therefore, they had not satisfied the first step in the habitual residence condition.
Should the person concerned be in a position to provide a verified record of at least five years continuous residency in the State, it is open to them to submit same to the Department in order for their entitlement to be reviewed.
I trust this clarifies the matter for the Deputy.
