Written answers

Tuesday, 14 July 2020

Department of Employment Affairs and Social Protection

State Pension (Contributory)

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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718. To ask the Minister for Employment Affairs and Social Protection the extent to which an entitlement to a contributory State pension exists or can be facilitated in the case of a person (details supplied); and if she will make a statement on the matter. [14974/20]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The person concerned reached pension age on 13 July 2015. They applied for State pension (contributory) on 27 July 2015. The person has a contribution record of 226 paid full-rate social insurance contributions. As their contributions fall short of the required 520 paid full-rate contributions to qualify for standard State pension (contributory), their claim was disallowed. They were notified in writing of this decision on 7 August 2015, and provided with a copy of their social insurance record on which the decision was based.

A new application was submitted by the person concerned on 30 September 2019. While the person has paid self-employment (Class S) contributions, they have not paid any self-employment contributions before age 66. Under social welfare legislation, a self-employed contributor will not be regarded as satisfying the contribution conditions for State pension (contributory) unless the person has paid self-employment contributions in respect of at least one year prior to reaching age 66 and all self-employment contributions payable have been paid.

The application was disallowed on 19 November 2019, with an explanation to the person concerned that under legislation their self-employment contributions for the period from 2006 – 2014 could not be used in the calculation of their pension (contributory) entitlement. They requested a review of their entitlement on 13 December 2019 but were informed on 11 March 2020 that the outcome remained the same. An application form for the means-tested residency-based State pension (non-contributory) was enclosed with the letter of 11 March 2020.

The person concerned appealed their pension decision to the independent Social Welfare Appeals Office. My Department's submission and papers on the case were referred to that Office on 18 June 2020. An Appeals Officer will make a summary decision on the appeal based on the documentary evidence presented or, if required and if possible in the context of the Covid-19 restrictions, will hold an oral appeal hearing. The person will be notified in writing of the Appeals Officer's decision.

It remains open to the person concerned to apply for State pension (non-contributory). On receipt of a completed application form, their eligibility for this pension can be determined and they will be notified in writing of the decision.

I hope this clarifies the matter for the Deputy.

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