Written answers

Tuesday, 11 February 2014

Department of Social Protection

Invalidity Pension Eligibility

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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313. To ask the Minister for Social Protection the entitlement to invalidity pension in the case of a person (details supplied) who is currently on disability allowance; and if she will make a statement on the matter. [6559/14]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Invalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the contribution conditions.

Under EU Law, social insurance contributions from another EU country may be used to satisfy the contribution conditions. The rate of IP payable under the legislation of most EU States is based on the proportion of contributions paid in that country to that of the total contributions paid. These are known as "B countries."

However, the remaining EU States which pay each qualifying person at the full rate are known as "A countries". Both this State and the United Kingdom are categorised as “A countries” in this regard.

In respect of “A countries”, the country where the last contribution was paid must assess, decide and pay, where appropriate, the claim under that country's own regulations.

This Department received a claim for IP for the person concerned on 30 October 2013. As the person’s concerned last insurable employment was in the United Kingdom it was therefore decided that, under EU law, his claim is proper to the U.K. authorities. The person concerned was notified of this on 14 November 2013 and advised this Department has transferred his claim to the relevant U.K. authorities, who will contact him directly regarding his claim.

The person in question is currently in receipt of maximum rate means-tested disability allowance (DA) from this Department. Should an IP claim be awarded by the U.K. authorities, he should notify DA section immediately so that his entitlement to DA may be reviewed in light of the increase in his means.

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