Social Welfare Act, 1995

Old age (contributory) and survivor's pensions (reckoning of employment contributions).

19.—(1) The Principal Act is hereby amended by the substitution for section 105 (inserted by section 11 of the Act of 1994) of the following section:

“105.—(1) In the case of any claim for survivor's pension made on or after the 6th day of April, 1995, where the insurance record of a person, who, having been a self-employed contributor, is being used to establish entitlement to survivor's pension, the contribution conditions contained in section 102 shall not be regarded as having been satisfied unless, in accordance with section 18—

(a) he has paid self-employment contributions in respect of at least 1 contribution year before the relevant time, and

(b) all self-employment contributions payable by him have been paid.

(2) Notwithstanding subsection (1), the Minister may, if he is satisfied that in all the circumstances of the case it would be appropriate to do so, direct that subsection (1) shall not be applied in that case.”.

(2) The Principal Act is hereby amended by the substitution for section 85 of the following section:

“85.—(1) In the case of a person who, having been a self-employed contributor, makes a claim for old age (contributory) pension, on or after the 6th day of April, 1995, the contribution conditions contained in section 84 shall not be regarded as having been satisfied unless, in accordance with section 18—

(a) he has paid self-employment contributions in respect of at least 1 contribution year before attaining pensionable age, and

(b) all self-employment contributions payable by him have been paid.

(2) Notwithstanding subsection (1), the Minister may, if he is satisfied that in all the circumstances of the case it would be appropriate to do so, direct that subsection (1) shall not be applied in that case.”.

(3) This section shall come into operation on the 6th day of April, 1995.