Bernard Durkan (Kildare North, Fine Gael)
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198. To ask the Minister for Employment Affairs and Social Protection to indicate, notwithstanding previous Parliamentary Questions and the replies thereto, whether she might reconsider the case of a person (details supplied); if their pension top-up entitlement might be reviewed in these circumstances; if their case might be referred for an oral hearing; and if she will make a statement on the matter. [27791/24]

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 a legal right of residence in the State that does not preclude them from receipt of relevant social assistance payments, for example, state pension non-contributory.

Following the receipt of information from the Deputy on 29 May 2024, a review of the person’s state pension non-contributory entitlement was initiated.

On 5 June 2024, the Deciding Officer assigned to the case issued a communication to the person concerned requesting further documentation in this matter. As there has been no correspondence received from the person concerned, the Deciding Officer has disallowed the review for the reason that the person concerned has failed to supply the requested information.

A communication issued to the person concerned on 24 June 2024, outlining the decision and granting them the right to appeal the decision, should they so wish, to the Social Welfare Appeals Office.

The Deputy’s representations have been accepted as a request for appeal of the review decision. This has been forwarded to the Social Welfare Appeals Office, highlighting the request for an oral hearing.

I trust this clarifies the matter for the Deputy.