Written answers

Tuesday, 18 April 2023

Department of Employment Affairs and Social Protection

State Pensions

Photo of James LawlessJames Lawless (Kildare North, Fianna Fail)
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943. To ask the Minister for Employment Affairs and Social Protection if she will examine a matter in relation to the pension of a person (details supplied); and if she will make a statement on the matter. [17929/23]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The person concerned reached pension age on 16 April 2016. An application for State Pension (contributory) was received on 7 January 2016.

According to the records of my Department, the person concerned has a total of 1,785 total reckonable contributions and credits from their date of entry into insurable employment in 1966 to the end of 2015, the tax year prior to their 66th birthday. This equates to a yearly average of 36 contributions and gives entitlement to a reduced State Pension (contributory) at the current weekly rate of €238.50.

A further 195 reckonable contributions or credits are required to qualify for €260.10 per week. To qualify for the maximum weekly rate of €265.30, a further 595 contribution or credits are required. 

The person concerned appealed the decision to the independent Social Welfare Appeals Office; the appeal was disallowed on 29 July 2019, and the person notified of the outcome in writing.

On 27 September 2022, the person requested a review of the Appeal Officers decision. Following a review by the Social Welfare Appeals office on 3 November 2022, their original decision was upheld.

On receipt of further information, the record of the person concerned was reviewed by the State Pension (contributory) section. The information provided for the years 1996, 1997, 2005 and 2006 was in respect of PAYE and PRSI for their employees. If there are outstanding self-employment contributions due to be paid in respect of those years, it is open to the person concerned to contact the Revenue Commissioners. 

Section 110(1) of The Social Welfare Consolidation Act 2005, provides that where outstanding self-employment contributions are paid subsequent to an applicant reaching pension age, State pension (contributory) will be awarded from the date on which self-employment liability is deemed as discharged or in this case, any increase to the rate of State Pension (contributory) can be awarded for the date the liability is discharged.

I have arranged for a social welfare inspector in my Department to contact the person concerned to discuss their record. They will arrange an appropriate location, either the home of the person concerned or the Department’s office.

It is also open to the person concerned to apply for the State Pension (non-contributory) which is a means-tested payment with a maximum payment of €254.00 per week. 

I hope this clarifies the position for the Deputy. 

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