Written answers

Thursday, 11 May 2023

Department of Employment Affairs and Social Protection

State Pensions

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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229. To ask the Minister for Employment Affairs and Social Protection when favourable consideration might be given to an application for a State pension (non-contributory) in the case of a person (details supplied); and if she will make a statement on the matter. [22359/23]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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State pension (non-contributory) is a means-tested payment for people aged 66 and over, who have a right of residence and habitually reside in the State and who do not qualify for a state pension contributory, or only qualify for a reduced-rate contributory pension based on their social insurance record.

The person concerned applied for state pension non-contributory on 27 February 2023. The file was referred to a Social Welfare Inspector for investigation and a report was submitted to the Deciding Officer on 15 March 2023.

According to the records of the Department, the person concerned first entered insurable employment in Ireland in 2016. In 2017, following representations by the person to proposals by the Minister of Justice to deport them, the Minister for Justice as an exceptional measure granted the person temporary permission to remain in the State, on a Stamp 1 basis, for two years. The residence permit is subject to a range of conditions, including the condition to make every effort to gain employment and not be a burden on the State. The person concerned currently holds a Residence Permit with an expiry date of 12 October 2023.

Taking into account the Stamp 1 conditions as applied by the Department of Justice to the person's temporary residence permit, the Deciding Officer disallowed the person’s state pension (non-contributory) application, as the habitual residency condition was not satisfied. On 18 April 2023, the person concerned was notified in writing of this decision and of their right to request a review of the decision, or to appeal the decision to the independent Social Welfare Appeals Office.

To date, there is no record of the person concerned appealing the decision.

I hope this clarifies the matter for the Deputy.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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230. To ask the Minister for Employment Affairs and Social Protection the extent to which a person (details supplied) might qualify for the State pension (contributory); if their case might be considered as a matter of urgency given their work record; and if she will make a statement on the matter. [22360/23]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The person concerned will reach pension age on 21 May 2023. An application form for State Pension (contributory) was received on 22 February 2023.

Under current eligibility conditions, an individual must have 520 full-rate paid contributions in order to qualify for standard State pension (contributory). 520 full-rate contributions equates to 10 years of full-rate insurable employment.

According to the records of my Department, the person concerned has a total of 347 full-rate contributions. Since their contributions fall short of the requisite 520 paid full-rate contributions, they do not qualify for State pension (contributory).

They were notified in writing of this decision on 20 April 2023, provided with a copy of their social insurance record on which the decision was based, and afforded the right of review and appeal.

Both the homemaker’s scheme and home caring credits can be used to improve a person’s rate of pension entitlement. However, a person must satisfy the qualifying conditions for State Pension (contributory) to avail of either of these schemes.

It is open to the person concerned to apply for the means-tested State Pension (non-contributory), the maximum rate of which is over 95% of the maximum rate of the State Pension (contributory). I have arranged for a State Pension non-contributory application form to issue to the person.

I hope this clarifies the position for the Deputy.

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