Social Welfare Act, 1997

Old age (contributory) and retirement pension — extension of entitlement to reduced rate pension and changes in contribution conditions.

12.—(1) Section 84 (as amended by section 26 of the Act of 1996) of the Principal Act is hereby amended by—

(a) the insertion after subsection (1) of the following subsection:

“(1A) In the case of a person, other than a person, who on or before the 6th day of April, 1997, is a voluntary contributor paying contributions under Chapter 4 of Part II, who attained pensionable age on or after the 6th day of April, 2002, but before the 6th day of April, 2012, subsection (1) (b) shall be construed as if ‘260’ were substituted for ‘156’”,

(b) the substitution for subsection (7) of the following subsection:

“(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:

Provided that in the case of a claimant who has a yearly average of less than 20, he has qualifying contributions in respect of not less than 260 contribution weeks since his entry into insurance.”, and

(c) the substitution for subsection (14) of the following subsections:

“(14) Regulations may provide, subject to subsection (15), for the entitling to old age (contributory) pension a relevant person who would be entitled thereto but for the fact that the contribution conditions set out in subsection (1) (b) and (1) (c) are not satisfied and who, in respect of any period, has been employed mainly in one or more of the employments in respect of which employment contributions at the rate specified in Article 81 (2) (a), 82 (2) (a) or 83 (2) (a) of the Regulations of 1996, were paid:

Provided that the claimant has qualifying contributions in respect of not less than 260 contribution weeks since his entry into insurance and has an aggregate of not less than 520 qualifying contributions and contributions at the rate specified in Article 81 (2) (a), 82 (2) (a) or 83 (2) (a) of the Regulations of 1996.

(14A) In this section, ‘the Regulations of 1996’ mean the Social Welfare (Consolidated Contributions and Insurability) Regulations, 1996 ( S.I. No. 312 of 1996 ).”.

(2) Section 21 of the Principal Act is hereby amended by the substitution in subsection (1) for “156” of “260”.

(3) Section 89 (as amended by section 26 of the Act of 1996) of the Principal Act is hereby amended by—

(a) the insertion after subsection (1) of the following subsection:

“(1A) In the case of a person, other than a person, who on or before the 6th day of April, 1997, is a voluntary contributor paying contributions under Chapter 4 of Part II, who attained the age of 65 years on or after the 6th day of April, 2002, but before the 6th day of April, 2012, subsection (1) (b) shall be construed as if ‘260’ were substituted for ‘156’.”, and

(b) the substitution for subsection (6) of the following subsection:

“(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 conditions set out in subsection (1) (b) and (c) are not satisfied and who, in respect of any period, has been employed mainly in one or more of the employments in respect of which employment contributions at the rate specified in Article 81 (2) (a), 82 (2) (a) and 83 (2) (a) of the Social Welfare (Consolidated Contributions and Insurability) Regulations, 1996 ( S.I. No. 312 of 1996 ), were paid:

Provided that the claimant has qualifying contributions in respect of not less than 260 contribution weeks since his entry into insurance and has an aggregate of not less than 520 qualifying contributions and contributions at the rate specified in the said articles.”.

(4) Each provision of the Principal Act mentioned in column (1) of Schedule H to this Act is hereby amended in the manner specified in column (2) of that Schedule opposite the mention of that provision in column (1).

(5) This section shall come into operation—

(a) in so far as it relates to subsection (1) (b) on such day as the Minister may appoint by order,

(b) in so far as it relates to subsection (2) on the 6th day of April, 2002,

and

(c) in so far as it relates to subsections (1) (c), (3) (b) and (4) on the 6th day of April, 2012.