Social Welfare (Consolidation) Act, 1993

Conditions for receipt.

[1981, s. 84(1)]

89.—(1) The contribution conditions for retirement pension are—

(a) that the claimant has entered into insurance before attaining the age of 55 years,

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

[1992, s. 11(2), (3)]

(c) that the claimant has a yearly average or in the case of a person who attains the age of 65 years on or after the 6th day of April, 1992, an alternative yearly average of not less than 48.

[1981, s. 84(2)]

(2) Regulations may provide for modifications of the meaning of yearly average contained in section 88(3) or of the contribution conditions set out in this section.

[1981, s. 84(3)]

(3) Contributions paid under the National Health Insurance Acts, 1911 to 1952, by or in respect of an employed contributor may be taken into account in such manner and subject to such conditions and limitations as may be prescribed for the purpose of the satisfaction by him of the contribution conditions for retirement pension.

[1992, s. 11(2)]

(4) Subject to subsection (5), regulations may provide for entitling to retirement pension a claimant who would be entitled thereto but for the fact that he has a yearly average of less than 48.

[1992, s. 11(2)]

(5) Regulations under subsection (4) shall provide that retirement 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 91(1) or section 91(2) shall be the same as if the claimant had a yearly average of not less than 48.

[1991, s. 24(2); S.I. No. 312 of 1991 , A.4]

(6) Regulations may provide, subject to subsection (7), for entitling to retirement 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 a retirement 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. 24(2); S.I. No. 312 of 1991 , A.4]

(7) Regulations for the purposes of subsection (6) shall provide that retirement 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) voluntary contributions paid by him,

reckonable for retirement 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.

OJ No. L149 of 5.7.1971.