Bernard Durkan (Kildare North, Fine Gael)
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296. To ask the Minister for Employment Affairs and Social Protection if eligibility for the State pension (contributory) can be reviewed in the case of a person (details supplied); the reason why the four-year period does not apply to social protection payments; and if she will make a statement on the matter. [39904/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The person concerned reached pension age 66 on 9 May 2019.

According to the records of my Department a letter issued to the person concerned in December 2018 advising them that they may qualify for a State Pension (contributory) (SPC) and how to apply for this pension.

The person concerned applied for SPC on the 12 July 2022. A reduced rate SPC was awarded. This is based on a yearly average of 14 contributions and currently paid at the weekly rate of €110.80. In order to qualify for the maximum rate, a yearly average of 48 is required. The claim of the person concerned was also backdated six months to 10 January 2022, in line with Social Welfare Legislation.

A review of their entitlement was undertaken by my officials in August 2022, there was no change to the rate paid.

In September 2022, the person concerned appealed this decision to the Social Welfare Appeals Office (SWAO). The appeal was disallowed. The person concerned was notified of the outcome of their appeal in February 2023.

Since 1 January 2024, the SPC has become more flexible. A person can now draw down their SPC at any age between 66 and 70. This allows a person to continue to pay PRSI past age 66 which may improve their contribution record when they decide to draw down their SPC. This change is applicable to all persons who are employees or self-employed with the exception of those who reached 66 years of age by 1 January 2024, that is, they were born before 1 January 1958, and also those awarded their SPC. Such persons are not liable to pay PRSI on their income after the age of 66 in the same way as a person who turned 66 before 1 January 2024, Class J applies (nil contribution by employee and 0.50% contribution by employer). Class M (nil contribution) applies to self-employed persons who had paid Class S up to age 66. As the person concerned was born prior to 1 January 1958, they were not liable to pay PRSI following their 66th birthday.

It is open to the person concerned to apply for the means-tested State Pension (non-contributory), the maximum rate of which equates to 95% of the maximum rate of State Pension (contributory).

I hope this clarifies the position for the Deputy.