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Pension Provisions

Dáil Éireann Debate, Thursday - 6 May 2010

Thursday, 6 May 2010

Ceisteanna (107, 108, 109)

James Bannon

Ceist:

105 Deputy James Bannon asked the Minister for Social Protection the position regarding an application for a non-contributory old age pension in respect of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [18477/10]

Amharc ar fhreagra

Freagraí scríofa

State pension (non-contributory) is a means tested payment for persons over 66 years of age. All income is assessable as means and this includes cash income, private pensions, foreign pensions, the value of any property (excluding the claimant's own home) and the value of any investments, monies held in financial institutions and capital which the claimant or his/her spouse may have.

The person concerned was 66 years on 8 May 2009, he applied f or the pension on 5 August 2009. He has a private pension of €969.80 per annum, his spouse is a HSE employee with an annual income in 2009 of €49,481.28. Based on the joint income of himself and his spouse, his means were assessed at €484.14 per week, which exceeds the statutory limit for receipt of State pension non-contributory, currently €245.00 per week.

A decision letter issued to the person concerned on the 17 August 2009 outlining details in relation to the refusal of his claim.

He appealed the decision to the Social Welfare Appeals Office on 8 September 2009. His appeal was disallowed.

On 5 March 2010, the person concerned contacted my department asking that his entitlement to a State pension non-contributory be re-examined. His file is currently with a Social Welfare Inspector, who will arrange to interview him shortly to determine his current means. Following receipt of the Inspector's report, a decision will be made on his entitlement and he will be notified accordingly.

Richard Bruton

Ceist:

106 Deputy Richard Bruton asked the Minister for Social Protection the entitlements of self-employed persons with at least five years contribution to receive a social welfare pension [18478/10]

Amharc ar fhreagra

Pay related social insurance (PRSI) was extended to self employed people from April 1988, as Class S PRSI. Class S benefits cover a range of pensions including State pension (contributory).

At the same time, a concession was made to those who first started paying Class S insurance from April 1988, which allowed any previous social insurance record they may have had to be disregarded when eligibility for pension was being assessed, if it was more beneficial to the individual concerned. Self-employed people who commenced paying contributions after April 1988 are treated the same as other contributors.

Furthermore, a special half-rate pension for the self-employed was introduced in April 1999 which enabled people who were over age 56 at the time of the introduction of Class S PRSI in 1988, and who could not therefore meet the standard qualifying conditions, to receive a contributory pension.

To qualify for the special half-rate self-employed State pension (contributory) a self-employed person must have:

1. been aged 56 or over on 6 April 1988;

2. paid social insurance contributions as a self-employed person on or after this date; and

3. have at least 260 full-rate social insurance contributions paid on a compulsory basis since first starting to pay social insurance contributions as a self-employed person.

The personal rate and increases for a qualified adult and a qualified child are paid at 50% of the standard maximum rate.

For State pension (contributory) qualification purposes, Class S self-employment contributions are treated like any other full rate social insurance, although these contributions are not reckonable when calculating entitlement to State pension (transition).

In the case of a State pension (contributory) a person must satisfy certain qualifying conditions. The person must have:

1. entered into insurable employment before age 56;

2. have at least 260 weeks full-rate contributions paid; and

3. a yearly average of at least 10 contributions recorded (taking paid and credited PRSI Contributions into account) from 1953 or from the date of entry into insurance (whichever is the later) to the end of the last complete contribution year before reaching pension age.

In order to qualify for the maximum rate a yearly average of 48 contributions is required.

In the case of self-employed individuals, a further condition is that all outstanding liabilities incurred as a result of their self-employed activities must be fully discharged to the Revenue Commissioners.

An individual who fails to qualify for a State pension (contributory) pension, may apply for a State pension (non-contributory) which is a is means tested payment.

Bernard J. Durkan

Ceist:

107 Deputy Bernard J. Durkan asked the Minister for Social Protection when a widows pension and bereavement grant will issue to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [18615/10]

Amharc ar fhreagra

A Bereavement Grant at the maximum rate of €850 has been awarded and a cheque will issue shortly. Due to staff action currently being taken, I regret that I am unable to provide the information sought by the Deputy in respect of Widow's Pension.

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