Bernard Durkan (Kildare North, Fine Gael)
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Question 59: To ask the Minister for Social and Family Affairs the extent to which he and his Department have examined the various options for awarding non-contributory pensions to Irish missionaries resident overseas; the number of possible eligible applicants at present; and if he will make a statement on the matter. [7945/07]

Bernard Durkan (Kildare North, Fine Gael)
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Question 182: To ask the Minister for Social and Family Affairs the extent to which an examination has been carried out to an entitlement to means tested non-contributory pension in respect of missionaries now retired but still living overseas; and if he will make a statement on the matter. [8231/07]

Bernard Durkan (Kildare North, Fine Gael)
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Question 183: To ask the Minister for Social and Family Affairs the discussions that have taken place within his Department with a view to provision of non-contributory old age pension to missionaries living overseas but visiting here on an annual basis; and if he will make a statement on the matter. [8232/07]

Séamus Brennan (Dublin South, Fianna Fail)
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I propose to take Questions Nos. 59, 182 and 183 together.

My Department operates two main types of pension scheme — contributory and non-contributory payments. Contributory payments are paid on the basis of social insurance contributions made over a person's working life. Missionaries who have made sufficient social insurance contributions can qualify for the state pension (contributory). These pensions are payable abroad and so missionaries who qualify and who choose to settle overseas can receive a payment.

Non-contributory pensions are only payable where a person is resident in this country. Accordingly, missionaries who return here and who satisfy the habitual residence condition and a means test can qualify for a pension.

The question of paying pensions to missionaries who remain abroad was first raised in the context of a submission to the Joint Oireachtas Committee on Foreign Affairs by the Irish Missionary Union. The Union estimates that there are some 1,800 missionaries serving abroad, including about 1,000 who are already over pension age. Subsequently, officials of my Department made a presentation to the Committee on the issue. Following that presentation, the Chairperson of the Committee decided to establish a working group to look at the issues raised in more detail.

The Department prepared a report on the issues in question in consultation with the Department of Foreign Affairs and submitted this to the Committee. The report examines the question of pensions for missionaries and the wider issue of social insurance for volunteer development workers in general. The Committee requested that certain matters in the report be examined further and this is at present being done in consultation with the Department of Foreign Affairs. It is expected that this process will be completed shortly and the results will be communicated to the Committee.

With regard to claims for state pension (non-contributory) from missionaries returning here on a temporary basis, the position is that such claims are subject to the habitual residence condition. Each case received for a determination on the habitual residence condition is dealt with in its own right and a decision is based on application of the guidelines to the particular individual circumstances of each case. The application of the habitual residence condition has to be compatible with EU law and other international and national legal obligations and it is not possible in applying the condition to discriminate in favour of any particular group or nationality. Accordingly, it is not possible to waive the requirement in respect of Irish missionaries who return home on temporary visits. Missionaries retiring here permanently are deemed to satisfy this condition.