John McGuinness (Carlow-Kilkenny, Fianna Fail)
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136. To ask the Minister for Employment Affairs and Social Protection if she will outline the pension entitlements due to a person (details supplied). [40515/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The person concerned reached pension age on 24 July 2022. To date my department has not received an application for state pension (contributory).

The person concerned was in receipt of the carers allowance and a qualified adult payment on their late partner's state pension (contributory). Both payments have now ceased.

Under current eligibility conditions, an individual must have 520 full-rate paid contributions in order to qualify for standard State pension (contributory). 520 full-rate contributions equates to 10 years of full-rate insurable employment. According to the records of my Department, the person concerned has a total of 75 full-rate contributions. Since their contributions fall short of the requisite contributions, they do not currently qualify for the standard state pension (contributory).

I introduced a number of reforms to the State Pension (contributory) including a provision for people who have been caring for incapacitated dependents for over 20 years (1040 weeks). As the person concerned has been in receipt of carers allowance for over 20 years, it is open to them to apply for long-term carers contributions (LTCC). Periods of caregiving do not need to be consecutive. If the criteria are met, the equivalent of paid contributions may be attributed to cover gaps in their contribution record for state pension (contributory).

If the person concerned has reckonable contributions in the UK or another country with which Ireland has a bilateral agreement, they may qualify for a pro-rata Bilateral pension. The rate of entitlement is based on the proportion of Irish full-rate contributions to the person’s total combined Irish and foreign social insurance contributions.

It is also open to the person concerned to apply for the means-tested State Pension (non-contributory). The maximum rate is equivalent to 95% of the maximum rate of state pension (contributory).

Under the law as currently enacted, entitlement to a Widows, Widowers or Surviving Civil Partner’s Contributory pension (WCP) 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 WCP. On foot of the decision of the Supreme Court, 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 2024. My officials are continuing to work 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 is done.

It is open to the person concerned to apply for a WCP. However, entitlement cannot be established until the new legislation has been enacted.

I have arranged for a pension caring supports application, state pension (contributory), state pension (non-contributory) and WCP forms to issue to the person concerned.

In relation to their late partner, arrears of pension are due to the next of kin. Officials in my Department have issued correspondence in this regard, however no response has been received to date. A copy of their late partner’s will or a copy of the funeral receipt, showing the name and address of the person who paid the funeral expenses, will be required to release these arrears. I have arranged for a copy of the correspondence to issue again to the person concerned.

It is also open to the person concerned to apply for a Supplementary Welfare Allowance payment if the resources currently available to them are insufficient to meet their needs. Supports provided under the scheme can consist of a basic weekly payment, a weekly or monthly supplement in respect of certain expenses, as well as single Additional Needs Payments. If the person concerned considers that they may have an entitlement to financial support, they should contact their local Community Welfare Service for assistance. There is a National Community Welfare Contact Centre in place - 0818 607080 - which will direct callers to the appropriate office.

I hope this clarifies the position for the Deputy.