S.I. No. 860/2007 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Entitlement to Pro-Rata State Pension) Regulations 2007


S.I. No. 860 of 2007

SOCIAL WELFARE (CONSOLIDATED CLAIMS, PAYMENTS AND CONTROL) (AMENDMENT) (NO. 6) (ENTITLEMENT TO PRO-RATA STATE PENSION) REGULATIONS 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 11th January, 2008.

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 4, 109 and 115 of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), hereby makes the following Regulations:

Citation and Construction

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Entitlement to Pro-rata State Pension) Regulations 2007.

(2) These Regulations shall be construed as one with the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 ) and shall be included in the collective citation “the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007”.

Definitions

2. In these Regulations “the Principal Regulations” means the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007.

Entitlement to pro-rata State pension (contributory)

3. The Principal Regulations are amended by substituting for article 63(d)(ii) the following:

“(ii) an employed contributor, or a self-employed contributor or a voluntary contributor in respect of whom an aggregate of at least 260 contributions, reckonable for the purposes of the contribution conditions for entitlement to State pension (contributory), have been paid in respect of him or her.”.

Entitlement to pro-rata State pension (transition)

4. The Principal Regulations are amended by substituting for article 72(d)(ii) the following:

“(ii) an employed contributor, or a self-employed contributor or a voluntary contributor in respect of whom an aggregate of at least 260 contributions, reckonable for the purposes of the contribution conditions for entitlement to State pension (transition), have been paid in respect of him or her.”.

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GIVEN under the Official Seal of the Minister for Social and Family Affairs,

12 December 2007

MARTIN CULLEN,

Minister for Social and Family Affairs.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

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GIVEN under the Official Seal of the Minister for Finance,

12 December 2007

BRIAN COWEN,

Minister for Finance.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These regulations provide for the amendment of the provisions governing the entitlement to pro-rata State pension (contributory) and State pension (transition) by bringing the regulations into line with the contribution conditions set out in the Social Welfare Consolidation Act 2005 .

These regulations provide for technical amendments to ensure that the requirements of the regulations are consistent with the primary legislation with regard to the minimum number of full rate contributions which must be paid by a person qualifying for a pro-rata pension based on a combination of full and modified insurance contributions.