Michael Creed (Cork North West, Fine Gael)

By nature of the matter under discussion, I will speak about correspondence between the Department of Social and Family Affairs and elderly people and pensioners. Major distress has been caused by correspondence sent in recent days to a significant number of elderly people which cites section 110(1) of the Social Welfare (Consolidation) Act 2005 as the basis for informing them that their pensions are being withdrawn and refunds of payments sought. In some cases, people are being notified that the payments for which they are awaiting approval are being withdrawn.

The basis for this decision is that the people in question did not pay PRSI contributions before they reached the age of 66. However, the correspondence sneakily omits section 110(2), which states: "Notwithstanding subsection (1), the Minister may, where he or she is satisfied that in all the circumstances of the case it would be appropriate to do so, direct that subsection (1) shall not be applied in that case." I contend the individuals in question have been approved under section 110(2) of the Act and, having carried these applications across the threshold of eligibility by establishing that a farm or business partnership existed and that retrospective PRSI payments could be made, the Minister for Social and Family Affairs cannot now decide to retrospectively withdraw her discretionary approval to pay the pension.

If a satisfactory response is not given to us tonight, we will raise the issue by every parliamentary device available to us to ensure the Government recognises the folly of the course it is attempting to follow.

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