S.I. No. 9/1993 - Social Welfare (Old Age (Contributory) Pension and Retirement Pension) (Amendment) Regulations, 1993.

S.I. No. 9 of 1993.

SOCIAL WELFARE (OLD AGE (CONTRIBUTORY) PENSION AND RETIREMENT PENSION) (AMENDMENT) REGULATIONS, 1993.

The Minister for Social Welfare, in exercise of the powers conferred on him by section 3 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) and by sections 79 and 84 of that Act (as amended by Part IV of the Social Welfare Act, 1991 (No. 7 of 1991) and modified by the Social Welfare Act, 1991 (Section 26) Order, 1991 ( S.I. No. 312 of 1991 ), hereby makes the following Regulations:—

1 Short title, construction and collective citation.

1. (1) These Regulations may be cited as the Social Welfare (Old Age (Contributory) Pension and Retirement Pension) (Amendment) Regulations, 1993.

(2) The Principal Regulations and these Regulations shall be construed together as one and may be cited together as the Social Welfare (Old Age (Contributory) Pension and Retirement Pension) Regulations, 1991 and 1993.

2 Interpretation.

2. In these Regulations "the Principal Regulations" means the Social Welfare (Old Age (Contributory) Pension and Retirement Pension) Regulations, 1991 ( S.I. No. 314 of 1991 ).

3 Commencement.

3. These Regulations shall come into operation—

( a ) on the 14th day of January, 1993, in so far as they relate to retirement pension, and

( b ) on the 15th day of January, 1993, in so far as they relate to old age (contributory) pension.

4 Entitlement to pro-rata old age (contributory) pension.

4. Article 6 of the Principal Regulations is hereby amended by the substitution for subparagraph (ii) of paragraph (d) of the following subparagraph:

"(ii) an employed contributor, or a self-employed contributor or a voluntary contributor in respect of whom—

(I) an aggregate of at least 260 contributions, reckonable for the purposes of the contribution conditions for entitlement to old age (contributory) pension, have been paid in respect of or credited to him, or

(II) an aggregate of at least 208 contributions, reckonable for the purposes of the contribution conditions for entitlement to old age (contributory) pension, have been paid in respect of him,

since—

(A) the 5th day of January, 1953, as respects a man, or

(B) the 6th day of July, 1953, as respects a woman, or

(C) his date of entry into insurance,

whichever is the later,".

5 Entitlement to pro-rata retirement pension.

5. Article 9 of the Principal Regulations is hereby amended by the substitution for subparagraph (ii) of paragraph (d) of the following subparagraph:

"(ii) an employed contributor, or a voluntary contributor in respect of whom—

(I) an aggregate of at least 260 contributions, reckonable for the purposes of the contribution conditions for entitlement to retirement pension, have been paid in respect of or credited to him, or

(II) an aggregate of at least 208 contributions, reckonable for the purposes of the contribution conditions for entitlement to retirement pension, have been paid in respect of him,

since—

(A) the 5th day of January, 1953, as respects a man, or

(B) the 6th day of July, 1953, as respects a woman, or

(C) his date of entry into insurance,

whichever is the later,".

GIVEN under the Official Seal of the Minister for Social Welfare, this 8th day of January, 1993.

CHARLIE McCREEVY,

Minister for Social Welfare.

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

GIVEN under the Official Seal of the Minister for Finance, this 8th day of January, 1993.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

The Social Welfare (Old Age (Contributory) Pension and Retirement Pension) Regulations, 1991 provided for entitlement to Old Age (Contributory) and Retirement Pensions, on a pro-rata basis, in the case of persons with a social insurance record which contains a mixture of full and modified rate contributions.

One of the conditions which had to be satisfied in order for a claimant to qualify for a pro-rata pension was that s/he must have at least 260 contribution weeks paid or credited at the full rate since 1953 or, since entry into social insurance, if later.

These Regulations provide that, as an alternative to this condition, a claimant may qualify for a pro-rata pension if s/he has at least 208 contribution weeks paid at the full rate since 1953 or, since entry into social insurance, if later.