Social Welfare Act, 1999

Pensions for self-employed — over age 56.

21.— Section 84 of the Principal Act is hereby amended by—

(a) the insertion in subsection (2) after paragraph (d) of the following paragraph:

“(e) In the case of a person who became a self-employed contributor for the first time on or after the 6th day of April, 1988, and was not previously an employed contributor under this Act or the National Health Insurance Acts 1911 to 1952, prior to becoming so insured, and who on or before the 6th day of April, 1988, had attained the age of 56 years but had not attained the age of 62 years, subsection (1)(a) shall be construed as if ‘62’ were substituted for ‘56’ for the purposes of qualifying for a pension under subsections (16) and (17).”,

(b) the insertion after subsection (15) of the following sub-sections:

“(16) Subject to subsection (17), a pension shall be payable in the case of a person who—

(a) became a self-employed contributor for the first time on or after the 6th day of April, 1988, and who on or before that date had attained the age of 56 years and who fails to satisfy the contribution conditions at section 84(1)(c) or 84(7), or

(b) satisfies the contribution condition at section 84(1)(a) by virtue of section 84(2)(e) and who, but for section 84(2)(e) fails to satisfy the contribution conditions at section 84(1) or 84(7),

and who has qualifying contributions in respect of not less than 260 weeks since becoming a self-employed contributor.

(17) The rate of pension payable in accordance with subsection (16) shall be payable at half the rate specified in column (2) at reference 3 of Part I of the Second Schedule and any increases payable under section 87 (1) or (2) shall be payable at half the rate specified in columns (3) and (4) at reference 3 of Part I of the Second Schedule.

(18) The total amount payable by way of pension in accordance with subsections (16) and (17) shall be rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and shall be rounded to the nearest 10p where it is not a multiple of 5p or 10p.”,

and

(c) the substitution in section 87 (1) and (2) for “The weekly rate” of “Subject to this Part, the weekly rate”.