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Dáil Éireann díospóireacht -
Thursday, 19 Oct 1944

Vol. 95 No. 3

Ceisteanna — Questions. Oral Answers. - Widows' and Orphans' Pensions Acts.

asked the Minister for Local Government and Public Health whether he will introduce proposals for amending the Widows' and Orphans' Pensions Acts so as to provide for the continuance in insurance of men who, having paid at least 104 contributions, are retired from their employment on the grounds that they have attained the age of retirement, or on the grounds of physical or mental disability; and, if so, whether such proposals will be introduced at an early date; and, if he is unable to introduce such proposals at an early date, whether he will state what steps he proposes taking to preserve for the widows and orphans of men retired from their employment in the circumstances mentioned a claim to contributory pensions, especially where the contributor has been insured for a number of years.

The continuance in insurance of the persons referred to in the question is already provided for by existing legislation. Such a person remains an insured person for a period of 12 months from the cessation of employment, such period being extended by any period of incapacity for work of which the prescribed notice and proof is given.

If he has been 104 weeks in insurance and has 104 contributions to his credit, an insured person ceasing employment or ceasing to be liable to compulsory insurance for any reason (including retirement) is entitled to become a voluntary contributor for National Health and Widows' and Orphans' Pensions Insurance, paying the full joint contribution himself. If he had been an "excepted person" i.e., liable only to insurance under the Widows' and Orphans' Pensions Acts and cessation of employment is due to incapacity for work owing to disease or disablement, he cannot become a voluntary contributor until he proves that he has recovered from the incapacity, but he remains an insured person under the Widows' and Orphans' Pensions Acts as explained in the previous paragraph.

Arising out of the Parliamentary Secretary's reply, I am sure he appreciates that a person who leaves his employment as a result of incapacity of a continuing character cannot be a contributor under the Widows' and Orphans' Pensions Acts until he can prove that he is capable of work; and, as many of these persons cannot prove themselves to be able to work, owing to continuing incapacity, will he indicate that they can be covered by the Widows' and Orphans' Pensions Acts, even though they cannot be covered by the other insurance?

Deputy Norton has probably in mind the case of the excepted person: that is, the person excepted from the provisions of the National Health Insurance Acts, but who is compulsorily insurable under the Widows' and Orphans' Pensions Acts. This class of employee is usually retired at age 65, if he has not retired before that age on the ground of ill-health. If the employee is retired on the ground of ill-health, the procedure as to the extended free year, as explained already, applies. If he ceases to be employed, that is, on retirement, or ceases to be liable to insurance on account of his remuneration exceeding £250 per annum, in the case of a non-manual worker, it is open to him to continue his insurance until attaining the age of 70, by becoming a voluntary contributor for both health and pensions insurance, and paying the combined contribution. He cannot insure as a voluntary contributor for pensions insurance only. Every excepted person is informed of his right so to continue his insurance by becoming a voluntary contributor, or, in the case of the person retired on the ground of ill-health, of his right to continue his insurance, by the procedure of furnishing to the Department the necessary evidence of incapacity. If Deputy Norton has in mind the cases of persons who are unable to prove incapacity under the Act, I should be glad to hear from him of such cases and will have the matter investigated.

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