Bernard Durkan (Kildare North, Fine Gael)
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282. To ask the Minister for Employment Affairs and Social Protection when a person (details supplied) might be eligible for a pension top-up; and if she will make a statement on the matter. [43422/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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State pension non-contributory is a means-tested payment for people aged 66 and over, habitually residing in the State, who do not qualify for a state pension contributory, or who only qualify for a reduced rate contributory pension based on their social insurance record. In order to satisfy the habitual residence condition, it first must be established that the person has an unconditional right of residence in the State that does not preclude them from receipt of relevant social assistance payments.

All EU/EEA citizens have an unconditional right of residence in the State for up to three months, during which time they may not access the social welfare system. The right of residence in the State of an EU/EEA citizen for longer than this period is conditional on the citizen satisfying the relevant provisions set down in legislation and having sufficient resources so as not to become an unreasonable burden on the country's social assistance system. EU/EEA citizens will qualify for a right of permanent residence after five years legal residence in the State, or after three years if they have worked in the State for the twelve months immediately prior to reaching state pension age.

On 19 June 2023, a Deciding Officer wrote to the person concerned, setting out the evidential requirements to assess their satisfaction of the habitual residency condition, in order to determine their eligibility for a state pension non-contributory. To date, no reply has been received. Should the person be in a position to provide a verified record of at least five years continuous residency in the State, it is open to them to submit this evidence to the Department in order for their pension entitlement to be considered.

I trust this clarifies the matter for the Deputy.