Written answers

Tuesday, 19 April 2011

Department of Social Protection

Social Welfare Code

8:00 pm

Photo of Martin FerrisMartin Ferris (Kerry North-West Limerick, Sinn Fein)
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Question 152: To ask the Minister for Social Protection if she will bring forward an emergency amendment to assist previously self-employed persons who through no fault of their own may owe money to the Revenue and because of current legislation are unable to access their non-contributory old age pension. [8412/11]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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I understand that the Deputy is referring to contribution conditions for the state pension (contributory). With effect from 1st January 2010, changes were introduced in the legislation and qualifying conditions governing the eligibility for state pension (contributory) of self-employed contributors. The relevant legislation is Section 110 of the Social Welfare Consolidation Act 2005, as amended by Section 9 of the Social Welfare and Pensions Act 2009.

The changes apply to state pension (contributory) claims received on or after 1st January 2010 under Sections 109 and 110 of the 2005 Act, where the applicant had been a self-employed contributor. Where a claim is received on or after 1st January 2010, a pension can only be awarded with effect from the date that the claimant has fully discharged all determined Class S contribution liabilities, even where this date may be after their 66th birthday. These provisions are consistent with the contributory and solidarity principles which underpin the social insurance system. There are no plans to change these provisions.

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