Robert Troy (Longford-Westmeath, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

298. To ask the Minister for Employment Affairs and Social Protection if she will allow an applicant in receipt of disability allowance to transfer directly to an invalidity pension if they have the correct contributions and have applied for, and been approved for, disability instead of invalidity pension. [38742/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Disability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and habitual residency conditions. A person applying for DA may be disallowed on one or more of these conditions.

Invalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the pay related social insurance (PRSI) contribution conditions.

A person is regarded as being permanently incapable of work if, for the period of 1 year immediately before the date of application the person had been continuously incapable of work and a deciding officer (DO) is satisfied that the person is likely to continue to be incapable of work for at least another year or a DO is satisfied that the likelihood is that the person will be incapable of work for life.

To qualify for IP, a claimant must, inter-alia, have at least 260 (5 years) paid PRSI contributions since entering social insurance and 48 contributions paid or credited in the last or second last complete contribution year before the relevant date of their claim. Only PRSI classes A, E, H or S contributions are reckonable for IP purposes.

Eligibility for IP can be determined on receipt of a completed application form.

I trust this clarifies the matter for the Deputy.

Robert Troy (Longford-Westmeath, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

299. To ask the Minister for Employment Affairs and Social Protection to examine a case for widower’s pension for a person (details supplied); and her views on the consequences of the Supreme Court’s ruling on it. [38743/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Under the law as currently enacted, entitlement to a Widows, Widowers or Surviving Civil Partner’s Contributory pension (and any related payments) is only available to a surviving partner who was party to a marriage or civil partnership.

On 22nd January, the Supreme Court delivered its judgment on the entitlement of an unmarried cohabitant to a Widows, Widowers or Surviving Civil Partner’s Contributory pension. The Supreme Court judgment overruled a previous High Court decision and found in favour of the claimant and his children.

In simple terms, the Court found that section 124 of the Social Welfare Consolidation Act 2005 is inconsistent with the Constitution insofar as it excluded the claimant from the category of persons entitled to benefit from it. The Court reached that conclusion on the basis of the equality guarantee contained in Article 40.1 of the Constitution. The Supreme Court judgment notes that in order to resolve the issue raised by the judgment, a legislative amendment is required.

On 18th June, I obtained Government approval for the priority drafting of the legislative changes required to respond to the Supreme Court decision. The General Scheme of a Bill was referred to the Office of Parliamentary Counsel for priority drafting, and to the Joint Oireachtas Committee on Social Protection, Community and Rural Development and the Islands for Pre-Legislative Scrutiny. The Committee issued its report on the 26th July.

My officials are now working closely with the Office of Parliamentary Counsel to develop and finalise this legislation and I intend to introduce it to the Oireachtas as soon as possible once that's done.

I trust this clarifies the matter for the Deputy.