Bernard Durkan (Kildare North, Fine Gael)
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247. To ask the Minister for Employment Affairs and Social Protection if all contributions and employments have been taken into account in the application for and subsequent refusal of contributory pension in the case of a person (details supplied); and if she will make a statement on the matter. [42337/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The person concerned reached pension age on 28 November 2023. An application for state pension (contributory) was received from them on 11 August 2023.

To qualify for state pension (contributory), a total of 520 paid reckonable contributions are required which is equivalent to 10 years contributions. As the person concerned had a total of 61 reckonable contributions which were recorded in 2018 and 2019, they did not satisfy the eligibility criteria for state pension (contributory).

Schedule 1, Part 2, Section 1 of the Social Welfare (Consolidation) Act 2005 lists a number of employments which are excepted from the definition of employment for the purposes of social insurance coverage. Spouses of self-employed contributors are specifically one category excepted from PRSI liability in respect of their working activity with their spouse. Family members who work together are generally not insurable under the Social Welfare Acts. Other relatives, such as sons, daughters and grandchildren, are also usually exempted.

However, depending on the nature of the employment relationship, there are some circumstances where such employments are insurable. For spouses, there is scope within the provisions of social welfare legislation to enable spouses who are partners in an enterprise, or who work together in a legally incorporated business, to be insurable and to accrue entitlement to certain benefits and pensions.

From the information provided to officials in my Department by the person concerned and their spouse, the person concerned was exempted from PRSI liability in respect of their working activity with their spouse and, therefore, reckonable contributions were not attributed for the period of this working activity. If the person concerned considers they were in partnership with their spouse, rather than an employee, it is open to them to request a review by my Department to determine the correct insurability of their employment.

The person concerned also applied for the means-tested state pension (non-contributory) and a Qualified Adult Increase on their spouse's State Pension (contributory). Further information regarding their means was requested. As the information was not provided, the applications were disallowed. If the person concerned is now in a position to provide the requested information, it is open to them to submit it to my Department and their applications will be reviewed.

I hope this clarifies the position for the Deputy.