Jimmy Deenihan (Kerry North, Fine Gael)

The scheme in question was announced on 25 June 2008 by the Minister, Deputy Hanafin. She said at the time that it was "hugely important" for women who have over many years contributed greatly to family commercial partnerships and that it would "primarily benefit women who are approaching pension age but are not covered for a contributory pension". The details of the scheme were published in social welfare booklet SW124. The booklet, which I and many of my colleagues have used in advising clients and constituents, makes no mention of the fact that the individual must have paid at least one contribution prior to turning 56 years of age. It is important to note that when a spouse is assessed by the Department and qualified to back pay PRSI for earlier years, the PRSI then collected includes, in the majority of cases, PRSI for years prior to the applicant's 56th birthday.

In the letters sent out to applicants informing them that they will not qualify for the pension, the Department has, as Deputy Creed noted, only referred to subsections 110(1)(a) and 110(1)(b) of the Social Welfare Consolidation Act 2005. There is no reference to subsection 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.

In other words, the Minister has the power to overturn this decision in respect of those persons who have made contributions. At the very least, those who have already been awarded a pension should retain that entitlement.

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