Dáil Éireann Debate, Thursday - 19 October 2023
244. Deputy Bernard J. Durkan asked the Minister for Social Protection if the normal five-year requirement can be waived in the case of a person (details supplied) given their disabilities; and if she will make a statement on the matter. [46026/23]
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, as a first step, it 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, for example, state pension non-contributory.
It is not possible to apply discretion in relation to the application of the Habitual Residence Condition. Should the person 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 this evidence to the Department in order for their eligibility for state pension non-contributory to be considered.
I trust this clarifies the matter for the Deputy.
