Social Welfare (Consolidation) Act, 1993
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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. | ||