Written answers

Tuesday, 10 November 2020

Department of Employment Affairs and Social Protection

State Pension (Contributory)

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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514. To ask the Minister for Employment Affairs and Social Protection if consideration was given to a partnership between a person (details supplied) and their late spouse with a view to enabling them to qualify for a State pension (contributory) given that throughout the person's lifetime they assisted their spouse in the course of their work, including veterinary visits; if this was taken into account in the determination of their subsequent entitlement; and if she will make a statement on the matter. [34907/20]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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According to the records of my Department, the person concerned entered insurable employment after the age of 56. They have a social insurance record of 156 contributions from self-employment for the tax years from 1991/92 to 1993/94 inclusive. They do not satisfy the qualifying conditions for State pension (contributory).

The matter of a business partnership between the person concerned and her spouse was investigated by the Scope section of my Department in 2010 and a formal Scope decision issued on 12 October 2010. Based on the result of the investigation, it was determined that while the person assisted her spouse in the business, a partnership did not exist. The person concerned was not considered to be insurably employed or self-employed and additional contributions could not be awarded.

Since there was no change to the person's contribution record, they remain ineligible for State pension (contributory).

I hope this clarifies the position for the Deputy.

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