Bernard Durkan (Kildare North, Fine Gael)
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163. To ask the Minister for Employment Affairs and Social Protection the reason her Department has refused to accept the gifting of the proceeds of the then family home in the case of a person (details supplied); and if she will make a statement on the matter. [26694/24]

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. For the purposes of the means test, cash income, including income from employment, foreign pensions, the value of any property (excluding a person’s own home), and the value of any savings and investments which a person or their spouse, civil partner or cohabitant holds, are assessable.

An application for state pension (non-contributory) was received from the person concerned on 26 October 2023. Following an assessment of the income and assets of the person concerned, the Deciding Officer determined that the weekly means exceeded the permissible statutory limit of €292.50 for state pension non-contributory eligibility, and their application was disallowed.

Included in the assessment of means when calculating the person’s entitlement, was a sum which they gifted to their family. Social welfare legislation provides for the assessment of the value of any income or property which the Deciding Officer deems the person concerned to have deprived themselves of (whether directly or indirectly), in order to qualify for pension or for pension payment at a higher weekly rate.

The person concerned was notified of this decision on 11 June 2024, together with the reasons for the decision and their right, if dissatisfied with the decision, to request a review of the decision, or to appeal the decision to the Social Welfare Appeals Office.

I trust this clarifies the matter for the Deputy.

Bernard Durkan (Kildare North, Fine Gael)
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164. To ask the Minister for Employment Affairs and Social Protection the reason for refusal by her Department for a review of an application for State pension in the case of a person (details supplied); and if she will make a statement on the matter. [26695/24]

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. For the purposes of the means test, cash income, including any additional pension(s), the value of any property (excluding a person’s own home), and the value of any savings and investments which a person or their spouse, civil partner or cohabitant hold or co-hold, are assessable.

The person concerned applied for state pension non-contributory on 29 January 2024, and their case was assigned to a Social Welfare Inspector on 2 February 2024, for their assistance in establishing the person’s entitlement to the payment.

Following the return of the case by the Inspector, the person’s application was disallowed on 8 May 2024, for the reason that they failed to fully disclose their means by not providing all the documentation requested.

A decision letter issued to the person concerned on 8 May 2024, outlining the decision and offering them the right to seek a review or to appeal the decision by writing to the Chief Appeals Officer, within 21 days, outlining the reason for their appeal.

A review of the person’s entitlement was carried out following receipt of further documentation submitted to the Inspector, who submitted a report to the Deciding Officer on 27 May 2024.

The Deciding Officer reviewed the person’s entitlement on 11 June 2024, deciding to uphold the decision of 8 May 2024, for the reason that they have not supplied all of the documentation requested by the Inspector.

The Deputy's Parliamentary Question will be taken as a request for a further review of this case. The Deciding Officer will arrange for the Department's Inspector to contact the person concerned again in relation to the outstanding information. On receipt of the Inspector’s report, the Deciding Officer will make a decision on the State Pension (non-contributory) entitlement of the person concerned and will notify them of the outcome without delay.

Bernard Durkan (Kildare North, Fine Gael)
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165. To ask the Minister for Employment Affairs and Social Protection if a full review of a pension entitlement might be carried out in the case of a person (details supplied); and if she will make a statement on the matter. [26697/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The person concerned reached pension age on 30 March 2017.

State pension (contributory) applications are assessed under the 'yearly average' method and the 'total contributions approach', with the most beneficial rate paid.

The person concerned was examined using the 'yearly average' method. They had a total of 827 reckonable contributions and 805 credits from their date of entry into insurable employment in 1966 to 2017 which equates to a yearly average of 32 contributions. This gave entitlement to a reduced state pension (contributory) from 30 March 2017, equivalent to 90% of the maximum rate. A yearly average of 48 contributions is required to receive the maximum rate state pension (contributory).

In January 2018, the Government agreed a new “total contributions approach” (TCA) for state pension (contributory) which can include up to 20 years of home caring periods. Unlike the homemakers scheme, this applies to periods both before and after 1994. This can benefit many people, particularly women, whose work history includes an extended period of time outside the paid workplace, while raising families or in a caring role. The TCA ensures that the totality of a person’s social insurance contributions - as opposed to the timing of them - determines a final pension outcome, and it also acknowledges, the contribution made by home carers in the period before 1994.

Entitlement to the state pension (contributory) using the total contributions approach was assessed. A total of 827 reckonable contributions combined with the maximum permissible number of home caring periods and reckonable credits of 1,040, gave a total of 1,867. This gave entitlement to 89.76% of the maximum rate state pension (contributory).

As the person concerned was in receipt of a pension, based on the yearly average method and payable at a higher rate, the person concerned remained on this pension.

I have arranged for a copy of their social insurance record to issue along with a detailed explanatory note to assist in understanding their record, and information on how to calculate entitlement to state pension (contributory). If they consider that there are additional contributions or credits that have not been recorded, it is open to them to forward documentary evidence to Social Welfare Services, College Road, Sligo, F91 T384.

I introduced a number of reforms to the state pension (contributory) including a provision for people who have been caring for incapacitated dependents for over 20 years (1040 weeks). If the person concerned has been caring for incapacitated dependents for over 20 years, they can apply for long-term carers contributions (LTCC). If the criteria are met, the equivalent of paid contributions may be attributed to cover gaps in their contribution record. The periods of care-giving do not need to be consecutive or for the same person.

The quickest way to apply for long-term carers contributions is online at MyWelfare.ie if the person concerned has a verified MyGovID account. Further information is available on the Government website at gov.ie/pension.

Where a person reaches state pension age and does not satisfy the conditions to qualify for state pension (contributory) or qualifies for less than the maximum rate, they may instead qualify for the state pension (non-contributory) which is a means-tested payment with a maximum payment €266.00 which is approximately 96% of the maximum rate of state pension (contributory)

I hope this clarifies the position for the Deputy.