Social Welfare Act, 1991
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PART IV Contribution Conditions for Pensions | ||
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Conditions for receipt of old age (contributory) pension. |
23.—(1) Section 78 of the Principal Act is hereby amended by the insertion after subsection (3) of the following subsections: | |
“(4) For the purposes of this Chapter— | ||
‘entry into insurance’ means, subject to section 78A, in relation to any person, whichever occurs first— | ||
(a) the date on which he first becomes an insured person by virtue of section 5 (1), except where he becomes an insured person by virtue of paragraph (b) of subsection (1) of the said section 5 only, or | ||
(b) the date on which he first becomes an insured person by virtue of section 17A, | ||
and that that date shall be regarded as the date of entry into insurance for the purposes of paragraphs (a) and (c) of section 79(1). | ||
(5) Notwithstanding subsection (4), regulations may provide that the date on which a person first becomes an employed person or a self-employed person, insurable for old age pension or retirement pension purposes under the legislation of another Member State of the European Communities, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 307, may be regarded as the date of entry into insurance. | ||
(6) Notwithstanding subsections (4) and (5), regulations may provide that where a date of entry into insurance occurs before a date to be prescribed, that date may be regarded as the day of entry into insurance.”. | ||
(2) Section 79 of the Principal Act is hereby amended— | ||
(a) by the insertion after subsection (13) (inserted by section 30 of the Act of 1988) of the following subsections: | ||
“(14) Regulations may provide, subject to subsection (15), for entitling to old age (contributory) pension persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (c) is not satisfied and who do not have an entitlement to an old age (contributory) pension by virtue of Regulation (EEC) No. 1408/71 of the Council of the European Communities 1 , or by virtue of a reciprocal arrangement under the provisions of section 307 and who in respect of any period have been employed mainly in one or more of the employments specified in subarticle (1) of Article 7 of the Social Welfare (Modifications of Insurance) Regulations, 1979 ( S.I. No. 87 of 1979 ). | ||
(15) Regulations for the purposes of subsection (14) shall provide that an old age (contributory) 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 employment contributions reckonable for old age (contributory) pension purposes together with self-employment contributions paid by the insured person bears to the total number of employment contributions and self-employment 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.”, | ||
(b) by the deletion in subsection (9) of “(other than contributions paid by or in respect of a person in respect of a period during which such person is or was employed mainly in one or more of the employments specified in subarticle (1) of Article 7 of the Social Welfare (Modifications of Insurance) Regulations, 1979 ( S.I. No. 87 of 1979 ))”, and | ||
(c) by the deletion of subsection (11). | ||