Social Welfare (Consolidation) Act, 1981

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Conditions for receipt.

[1952, Sch. 4; 1960 AM, s. 16; 1978 AM, ss. 13, 14]

79.—(1) The contribution conditions for an 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 of not less than 48.

[1974 (No. 2), s. 11; 1975, s. 10; 1977, s. 13]

(2) (a) In the case of a person who attained the age of 57 years before 1st 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 1st 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 1st 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 1st 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.

[1974 (No. 2), s. 11]

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

(b) A person who attained the age of 69 years before 1st July, 1974, and has been awarded an old age (contributory) pension under the provisions of the Social Welfare Acts 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.

[1975, s. 10]

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

(b) A person who attained the age of 68 years before 1st April, 1975, and has been awarded an old age (contributory) pension under the provisions of the Social Welfare Acts 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.

[1977, s. 13]

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

(b) A person who attained the age of 67 years before 1st October, 1977, and has been awarded an old age (contributory) pension under the provisions of the Social Welfare Acts 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.

[1952, s. 14]

(6) Regulations may provide for modifications of the meaning of yearly average contained in section 78 (3) or of the contribution conditions set out in this section but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

[1952, s. 28A; 1960 AM, s. 10]

(7) Subject to subsection (8), regulations may provide for entitling to old age (contributory) pension persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (c) is not satisfied.

[1960 AM, s. 10; 1964 MP, s. 9]

(8) Regulations for the purposes of 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 with the extent to which the contribution condition set out in subsection (1) (c) is satisfied, but any increase of benefit payable under section 81 (1) or section 81 (2) shall be the same as if that condition had been fully satisfied.

[1952, s. 66A; 1960 AM, s. 13]

(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 contributions paid by or in respect of a person in respect of a period during which such person is or was employed mainly in one or more of the employments specified in subarticle (1) of Article 7 of the Social Welfare (Modifications of Insurance) Regulations, 1979 ( S.I. No. 87 of 1979 )), 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.

(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 3rd October, 1960, of any of the contribution conditions for old age (contributory) pension.

[1967 MP, s. 11]

(11) Where a person becomes an employed contributor by virtue of section 65 (1) and would not, apart from that section, be an employed contributor, his entry into insurance by virtue of that section 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 section 5 .