First Previous (CHAPTER 11 Pay-Related Benefit) Next (CHAPTER 13 Retirement Pension)

27 1993

SOCIAL WELFARE (CONSOLIDATION) ACT, 1993

CHAPTER 12

Old Age (Contributory) Pension

Entitlement to pension.

[1981, s. 78(1)]

83.—(1) Subject to this Act, a person shall be entitled to old age (contributory) pension if he has attained pensionable age and satisfies the contribution conditions in section 84.

[1992, s. 10(1)]

(2) In this Chapter—

yearly average” means, in relation to any claimant, the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period commencing either—

(a) on the 5th day of January, 1953, in case the claimant is a man, or on the 6th day of July, 1953, in case the claimant is a woman, or

(b) at the beginning of the contribution year in which the claimant's entry into insurance occurred (if after the 5th day of January, 1953, in the case of a man, or the 6th day of July, 1953, in the case of a woman),

(whichever is the later) and ending at the end of the last complete contribution year before the date of his attaining pensionable age;

alternative yearly average” means, in relation to any claimant, the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period commencing on the 6th day of April, 1979, and ending at the end of the last complete contribution year before the date of his attaining pensionable age.

[1991, s. 27(1); 1993, s. 36(5)]

(3) In this Chapter, “relevant person” means—

(a) a person who first becomes—

(i) an insured person by virtue of section 9(1) insured for old age (contributory) pension purposes, or

(ii) an insured person by virtue of section 17,

on or after the 6th day of April, 1991, or

(b) a person who fails to satisfy the contribution condition set out in subsection (1)(c) of section 84 and had periods in which he had been—

(i) employed mainly in one or more of the employments specified in Article 5(1), 6(1) or 7(1) of the Social Welfare (Modifications of Insurance) Regulations, 1991 (S.I. No. 94 of 1991), and

(ii) an employed contributor, a self-employed contributor or a voluntary contributor in respect of whom contributions, reckonable for the purposes of the contribution conditions for entitlement to old age (contributory) pension were paid in respect of or credited to him.

[1991, s. 23(1)]

(4) For the purposes of this Chapter, in the case of a relevant person—

entry into insurance” means, subject to section 83(7), in relation to any person whichever occurs first—

(a) the date on which he first becomes an insured person by virtue of section 9(1), except where he becomes an insured person by virtue of paragraph (b) of subsection (1) of the said section 9 only, or

(b) the date on which he first becomes an insured person by virtue of section 17,

and that that date shall be regarded as the date of entry into insurance for the purposes of paragraphs (a) and (c) of section 84(1).

[1991, s. 23(1)]

(5) Notwithstanding subsection (4) regulations may provide that the date on which a relevant person first becomes an employed person or a self-employed person, insurable for old age (contributory) pension purposes under the legislation of another Member State, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 238, may be regarded as the date of entry into insurance.

[1991, s. 23(1)]

(6) Notwithstanding subsections (4) and (5), regulations may provide that where a date of entry into insurance occurs before a date to be prescribed, that day may be regarded as the date of entry into insurance.

[1988, s. 13]

(7) For the purposes of this Chapter, in the case of a person who became a self-employed contributor on the 6th day of April, 1988, and who at any time prior to that date was an employed contributor, the date on which the person first entered into insurance or the 6th day of April, 1988, whichever is the more favourable to him, shall be regarded as the date of entry into insurance:

Provided that where a date other than that on which the claimant first entered into insurance is so regarded, that date shall be regarded as the date of entry into insurance for the purposes of paragraphs (a) and (c) of section 84(1).

Conditions for receipt.

[1981, s. 79(1); 1992, s. 10(2), (3)]

84.—(1) The contribution conditions for old age (contributory) pension are—

(a) subject to subsection (2), that the claimant has entered into insurance before attaining the age of 56 years,

(b) that the claimant has qualifying contributions in respect of not less than 156 contribution weeks since his entry into insurance, and

(c) that the claimant has a yearly average or in the case of a person who attains pensionable age on or after the 6th day of April, 1992, an alternative yearly average of not less than 48.

[1981, s. 79(2)]

(2) (a) In the case of a person who attained the age of 57 years before the 1st day of July, 1974, subsection (1)(a) shall be construed as if “60” were substituted for “56”.

(b) In the case of a person who attained the age of 57 years on or after the 1st day of July, 1974, subsection (1)(a) shall be construed as if “58” were substituted for “56”.

(c) In the case of a person who attained the age of 56 years on or after the 1st day of April, 1975, subsection (1)(a) shall be construed as if “57” were substituted for “56” and paragraph (b) of this subsection shall not apply on his attaining the age of 57 years.

(d) In the case of a person who attained the age of 55 years on or after the 1st day of October, 1977, paragraph (c) shall not apply on his attaining the age of 56 years and paragraph (b) shall not apply on his attaining the age of 57 years.

[1981, s. 79(3)]

(3) (a) A person who attained the age of 69 years on or after the 1st day of July, 1974, but before the 5th day of January, 1976, may have his entitlement to old age (contributory) pension determined under the provisions of the Acts relating to social welfare in operation prior to the 1st day of July, 1974, if that would be to his advantage.

(b) A person who attained the age of 69 years before the 1st day of July, 1974, and has been awarded an old age (contributory) pension under the provisions of the Acts relating to social welfare in operation prior to that date shall on and after that date have a right to such pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in his case under those provisions.

[1981, s. 79(4)]

(4) (a) A person who attained the age of 68 years on or after the 1st day of April, 1975, but before the 3rd day of January, 1977, may have his entitlement to old age (contributory) pension determined under the provisions of the Acts relating to social welfare in operation prior to the 1st day of April, 1975, if that would be to his advantage.

(b) A person who attained the age of 68 years before the 1st day of April, 1975, and has been awarded an old age (contributory) pension under the provisions of the Acts relating to social welfare in operation prior to that date shall on and after that date have a right to such pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in his case under those provisions.

[1981, s. 79(5)]

(5) (a) A person who attained the age of 67 years on or after the 1st day of October, 1977, but before the 1st day of January, 1979, may have his entitlement to old age (contributory) pension determined under the provisions of the Acts relating to social welfare in operation prior to the 1st day of October, 1977, if that would be to his advantage.

(b) A person who attained the age of 67 years before the 1st day of October, 1977, and has been awarded an old age (contributory) pension under the provisions of the Acts relating to social welfare in operation prior to that date shall, on and after that date, have a right to such pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in his case under those provisions.

[1981, s. 79(6)]

(6) Regulations may provide for modifications of the meaning of yearly average contained in section 83(2) or of the contribution conditions set out in this section.

[1992, s. 10(2)]

(7) Subject to subsection (8), regulations may provide for entitling to old age (contributory) pension a claimant who would be entitled thereto but for the fact that he has a yearly average of less than 48.

[1992, s. 10(2)]

(8) Regulations under subsection (7) shall provide that old age (contributory) pension payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary by reference to the yearly average so calculated, but any increase of that pension payable under section 87(1) or section 87(2) shall be the same as if the claimant had a yearly average of not less than 48.

[1981, s. 79(9); 1991, s. 27(1)]

(9) Contributions paid or credited under this Part, or paid, excused or deemed to be or treated as paid under the National Health Insurance Acts, 1911 to 1952, (other than, in the case of a person who is not a relevant person, contributions paid by or in respect of a person during which such person is or was employed mainly in one or more of the employments specified in Article 5(1), 6(1) or 7(1) of the Social Welfare (Modifications of Insurance) Regulations, 1991 (S.I. No. 94 of 1991)), shall be taken into account in such manner and subject to such conditions and limitations as may be prescribed for the purpose of the satisfaction of the contribution conditions for old age (contributory) pension.

[1981, s. 79(10)]

(10) Regulations under subsection (9) may also provide for modifications, in the case of persons who were insured under the National Health Insurance Acts, 1911 to 1952, or who were absent from the State before the 3rd day of October, 1960, of any of the contribution conditions for old age (contributory) pension.

[1993, s. 36(3)]

(11) Where a person, other than in the case of a relevant person, becomes an employed contributor by virtue of paragraph (b) of section 9(1) and would not, apart from that paragraph be an employed contributor, his entry into insurance by virtue thereof shall be deemed not to be an entry into insurance for the purposes of subsection (1) of this section and for those purposes his entry into insurance shall be deemed to occur when he first becomes an employed contributor by virtue of paragraph (a) of section 9(1).

[1988, s. 30(a); 1989, s. 25]

(12) Subject to subsection (13), regulations may provide for entitling to old age (contributory) pension a person who would be entitled thereto but for the fact that the contribution condition set out in subsection (1)(c) is not satisfied where that person, having earlier ceased to be an employed contributor became, as a consequence and at the time of the coming into operation of section 12 of the Social Welfare Act, 1973 , an employed contributor in respect of whom contributions reckonable for the purposes of the contribution conditions for entitlement to old age (contributory) pension were payable.

[1988, s. 30(a)]

(13) Regulations for the purposes of subsection (12) shall provide that old age (contributory) pension payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary with the extent to which the contribution condition set out in subsection (1)(c) is satisfied.

[1991, ss. 23(2), 27(1); S.I. No. 312 of 1991, A.4; 1993, s. 36(5)]

(14) Regulations may provide, subject to subsection (15), for entitling to old age (contributory) pension a relevant person who would be entitled thereto but for the fact that the contribution condition set out in subsection (1)(c) is not satisfied and who does not have an entitlement to an old age (contributory) pension by virtue of Regulation (EEC) No. 1408/71 of the Council of the European Communities1 , or by virtue of a reciprocal arrangement under the provisions of section 238 and who in respect of any period has been employed mainly in one or more of the employments specified in Article 5(1), 6(1) or 7(1) of the Social Welfare (Modifications of Insurance) Regulations, 1991 (S.I. No. 94 of 1991).

[1991, s. 23(2); S.I. No. 312 of 1991, A.4]

(15) Regulations for the purposes of subsection (14) shall provide that old age (contributory) pension payable by virtue thereof shall—

(a) be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary in relation to the proportion to which the number of—

(i) employment contributions paid in respect of or credited to the insured person, and

(ii) self-employment contributions paid by him, and

(iii) voluntary contributions paid by him,

reckonable for old age (contributory) pension purposes bears to the total number of such employment contributions, self-employment contributions and voluntary contributions, but any increase of pension in respect of a qualified child shall be paid at the rate specified in the Second Schedule, and

(b) where the amount calculated in accordance with paragraph

(a) is not a multiple of £2, be increased to the next multiple of £2.

Disregard of self-employment contributions in certain cases.

[1993, s. 20]

85.—(1) In the case of a person who, having been a self-employed contributor, makes a claim for old age (contributory) pension on or after the 6th day of April, 1993, he shall not be regarded as having satisfied the contribution conditions contained in section 84 unless all self-employment contributions payable by him in accordance with section 18 have been paid.

[1993, s. 20]

(2) Notwithstanding subsection (1), the Minister may, if he is satisfied that in all the circumstances of the case it would be appropriate to do so, direct that subsection (1) shall not be applied in that case.

Rate of pension.

[1981, s. 80]

86.—Subject to this Part, the weekly rate of old age (contributory) pension shall be as set out in column (2) of Part I of the second Schedule .

Increases (including increases for adult and child dependants).

[1981AM, s. 15(1)]

87.—(1) The weekly rate of old age (contributory) pension shall be increased by the amount set out in column (3) of Part I of the second Schedule for any period during which the beneficiary has an adult dependant, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of pension under this subsection in respect of more than one person.

[1982, s. 2(6)]

(2) The weekly rate of old age (contributory) pension shall be increased by the appropriate amount set out in column (4) or (5) of Part I of the second Schedule in respect of each qualified child who normally resides with the beneficiary.

[1985 (No. 2), s. 4(1)]

(3) Any increase of old age (contributory) pension payable pursuant to subsection (2) in respect of a qualified child who normally resides with a beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not an adult dependant, and subsection (2) shall be construed and have effect accordingly.

[1981, s. 81(4)]

(4) The weekly rate of old age (contributory) pension shall be increased by the amount set out in column (7) of Part I of the second Schedule where the beneficiary is living alone.

[1990, s. 49(a)]

(5) The weekly rate of old age (contributory) pension shall be increased by the amount set out in column (8) of Part I of the second Schedule where the beneficiary has attained the age of 80 years.

OJ No. L149 of 5.7.1971