Bernard Durkan (Kildare North, Fine Gael)
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166. To ask the Minister for Employment Affairs and Social Protection to indicate, in the case of a person (details supplied), if it is accepted that the application of the habitual residency clause in this case is clearly manifested by the fact of her disability and reliance on her daughter; if the matter will therefore be urgently examined, with a view to making the requested top-up payment; and if she will make a statement on the matter. [26698/24]

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, 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, for example, state pension non-contributory.

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.

The eligibility of the person concerned for a state pension non-contributory is currently under review, following the receipt of information from the Deputy on 29 May 2024.

On 5 June 2024, the Deciding Officer assigned to the case issued a communication to the person concerned requesting further documentation in this matter. On receipt of the required information, a determination on the person's eligibility for pension will be made and the person will be notified of the outcome in writing.

I trust this clarifies the matter for the Deputy.