Dáil Éireann Debate, Tuesday - 29 November 2022
392. Deputy Michael McNamara asked the Minister for Social Protection when a decision will be made in relation to an application by a person (details supplied); and if she will make a statement on the matter. [58761/22]
Amharc ar fhreagraThe person concerned reached pension age on 02 July 2022. An application for State Pension non-contributory was received in my Department on 09/08/2022.
The State Pension non-contributory is a means-tested payment. As such, all recipients of the State Pension non-contributory are subject to a means test. Social welfare legislation provides that all income and capital belonging to an applicant (and his or her spouse/partner, where applicable) is assessable for means testing purposes for social assistance schemes, such as the State Pension non-contributory. This includes all income and property (other than the family home) belonging to the claimant.
To calculate the rate payable, the means of the claimant is deducted from the maximum rate of State Pension non-contributory. As the means of the claimant exceeded the maximum rate of State Pension non-contributory, they were not entitled to this pension.
An application for State pension (contributory) was received on 11 October 2022. Under social welfare legislation, a self-employed contributor is regarded as satisfying the contribution conditions for State pension (contributory) where the person has paid self-employment contributions in respect of at least one contribution year prior to reaching pension age, and all self-employment contributions payable are considered to have been paid.
Where outstanding self-employment contributions are paid subsequent to an applicant’s reaching pension age, State pension (contributory) may only be awarded from the date on which self-employment liability is deemed as discharged.
As the person concerned has outstanding liabilities for 2019, they do not meet the qualifying criteria for State pension (contributory). It is open to them to contact this Department directly when their outstanding liability is discharged, and their entitlement to State pension (contributory) will be reviewed.
I hope this clarifies the position for the Deputy.
