Bernard Durkan (Kildare North, Fine Gael)
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126. To ask the Minister for Employment Affairs and Social Protection when a top-up pension will be made available to a person (details supplied); and if she will make a statement on the matter. [39607/24]

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

Following previous representations from the Deputy, a request was forwarded to the Social Welfare Appeals Office to lodge an appeal in relation to the decision made by the Department on 24 June 2024. The Social Welfare Appeals Office wrote directly to the person on 25 June 2024, seeking information regarding the grounds of the appeal. As no reply has been received to date, the Social Welfare Appeals Office is unable to proceed with the appeal process.

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 5 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.

I trust this clarifies the matter for the Deputy.

Bernard Durkan (Kildare North, Fine Gael)
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127. To ask the Minister for Employment Affairs and Social Protection the number of persons from within or without the EU who have applied for or received a top-up to their national pensions from her Department in order to bring the payments into line with State pension (non-contributory) payments; and if she will make a statement on the matter. [39608/24]

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. In the case of a couple their means are assessed jointly, and each person is assessed with half of the total means of the couple.

The Department's records indicate that there are 24,709 recipients of state pension non-contributory that have income assessed from a foreign social security pension or a foreign occupational pension.

I trust this clarifies the matter for the Deputy.