Seán Haughey (Dublin Bay North, Fianna Fail)
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967. To ask the Minister for Employment Affairs and Social Protection the reason that those aged 65 years are classified as self-employed if they are in receipt of an occupational pension thus making them ineligible for the benefit payment; if she will review the eligibility criteria to allow these claimants obtain this benefit; and if she will make a statement on the matter. [19236/22]

Seán Haughey (Dublin Bay North, Fianna Fail)
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1072. To ask the Minister for Employment Affairs and Social Protection the reason that those aged 65 are classified as self-employed if they have an approved retirement fund thus making them ineligible for this benefit payment; if she will review the eligibility criteria to allow these claimants to obtain this payment; and if she will make a statement on the matter. [20690/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I propose to take Questions Nos. 967 and 1072 together.

The benefit payment for 65 year olds is provided under the Jobseeker’s Benefit and Jobseeker’s Benefit (Self-Employed) social insurance schemes in accordance with the relevant provisions of the Social Welfare Consolidation Act 2005 as amended.  It was introduced on 25th January 2021, in line with the Programme for Government commitment, to provide a benefit payment for people who are 65 and who retire at age 65 but do not qualify for a State pension until they reach pension age of 66. 

Those who qualify for the payment are not required to sign on, partake in any activation measures or be available for and genuinely seeking work which is generally the case for recipients of jobseeker payments.

Class S self-employed contributors pay PRSI on a wide variety of self-employment income.  These contributions help to ensure that individuals qualify for social welfare benefits, including pensions.  The qualifying conditions for Jobseekers Benefit (Self-Employed) include the requirement that a person has completely ceased self-employment.  For that reason, individuals who continue to pay Class S PRSI on an occupational pension or approved retirement fund may not satisfy the conditions for Benefit Payment for 65 year olds as they are not regarded as having ceased self-employment; they continue to pay Class S PRSI and are regarded as being in insurable self-employment.

The issue regarding Class S PRSI contributions arising solely from personal pensions has been raised with my Department and the matter is under consideration.

Any person aged 65 who does not qualify for the benefit payment may apply for the means tested Jobseekers Allowance.  The maximum rate of payment is aligned with the weekly rate of payment for the Benefit Payment for 65 year olds, which is €208 and increased allowances are paid for qualifying adult and child dependents.   

I hope that this clarifies the position.