Written answers

Tuesday, 19 January 2010

Department of Social and Family Affairs

Social Insurance

9:00 pm

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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Question 727: To ask the Minister for Social and Family Affairs the position regarding the case of a person (details supplied) in County Westmeath; and if she will make a statement on the matter. [48334/09]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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The application for a State Pension (Contributory) from the person concerned was disallowed in June 2009 on the grounds that she had a yearly average of 8 (standard class) social welfare contributions. In order to qualify for a minimum State Pension (Contributory) , a yearly average of at least 10 is required.

This case was recently reviewed following the payment of self-employment insurance contributions by the person concerned. The qualifying conditions for State Pension (Contributory) require the applicant to: have entered insurable employment before attaining the age of 56 years; have at least 260 paid contribution weeks since entry into insurance; satisfy the yearly average condition.

In addition, Section 110 (1) of the Social Welfare (Consolidation) Act of 2005 provides that a self-employed contributor shall not be regarded as satisfying the qualifying conditions for State Pension Contributory unless: (a) the person has paid self-employment contributions in respect of at least one contribution year before attaining pensionable age (66), and (b) all self-employment contributions payable by him or her have been paid.

According to the records of this Department, the self-employment contributions were all paid by the person concerned after her 66 th birthday. She does not therefore satisfy the condition at (a) above and has no entitlement to a State Pension (Contributory). This decision was conveyed to the person concerned in writing on 12th January 2010.

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