Brian Cowen (Laois-Offaly, Fianna Fail)

I understand that under social welfare regulations the Department of Social and Family Affairs will make a pension payable from the date on which it becomes aware of an entitlement, even if an application is submitted subsequently. In the normal run of the mill case, the Department only becomes aware of an entitlement when it receives an application. Under the rules of the scheme it is proposed to amend, there was an awareness that the individual concerned had an entitlement. The problem was that he did not understand that the scheme imposed on him a requirement to make an application in writing. I speak as the Minister with responsibility for the public service. If one wanted to make an analogy with the circumstances envisaged in the regulations in place in the Department of Social and Family Affairs, an entitlement would have existed from the point at which there was an awareness of such entitlement. On that basis, the argument for the change can be made.

As I stated, while this may not be a popular measure, Ministers, in dealing with the cases which come before them, must act justly, even if it is not perceived in the wider domain as being such or is unfairly portrayed otherwise. I felt that the conditionality applied in this case, which is not applicable in respect of pension entitlement for any other public servant, should not be applied in this category either and made my decision on that basis.

As I have indicated, I have ensured that the old and new pension schemes will have the same qualifying period, as was originally intended. This will be of benefit to those applying under the new scheme.

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