Bernard Durkan (Kildare North, Fine Gael)
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356. To ask the Minister for Employment Affairs and Social Protection to indicate in the case of a person (details supplied) who has applied for a top-up on her EU-based pension and who requires additional assistance for her ongoing care; and if she will make a statement on the matter. [44799/23]

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, as a first step, it 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.

It is not possible to apply discretion in relation to the application of the Habitual Residence Condition. 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 eligibility for state pension non-contributory to be considered.

I trust this clarifies the matter for the Deputy.