Bernard Durkan (Kildare North, Fine Gael)
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505.To ask the Minister for Employment Affairs and Social Protection the extent to which it might be possible to allow for top-up pensions to be paid to former EU nationals living in this country along with their families, rather than waiting five years putting themselves and their families under financial pressure; and if she will make a statement on the matter. [25592/24]

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.

The Habitual Residence Condition is a requirement for a number of payments within my Department. It is not possible to apply discretion in relation to the application of the Habitual Residence Condition.

I trust this clarifies the matter for the Deputy.