Joan Burton (Dublin West, Labour)

This is a different section. The qualifying condition for the State pension contributory and State pension transition increases from 260 paid contributions to 520 paid contributions and comes into effect in April 2012. This was legislated for in 1997. I am introducing a saving clause into the legislation to ensure existing pensioners currently in receipt of the State pension who have less than 520 paid contributions, because they were not required to have them, will not have their pensions touched. Does that make sense?

I am advised on legal grounds that the new condition for the pension is 520 contributions. This was legislated for 15 years ago and the legal advice is that existing pensioners who would have gained their pension under the 260 contributions until next April could face a legal challenge to their continuing entitlement to a pension because they did not have 520 contributions. This section was inserted following advice by the Attorney General to ensure all existing pensioners maintain their pensions. I hope the Deputy will support that.

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