Social Welfare Consolidation Act 2005

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Chapter 15

Old Age (Contributory) Pension

Entitlement to pension.

[1993 s83(1)]

108.—(1) Subject to this Act, a person shall be entitled to old age (contributory) pension where he or she has attained pensionable age and satisfies the contribution conditions in section 109 .

(2) In this Chapter—

“homemaker” means a person who—

(a) is resident in the State and is under pensionable age,

(b) is not engaged in remunerative employment, other than employment specified in paragraph 5 of Part 2 of Schedule 1,

(c) either—

(i) resides with and cares for a child under 12 years of age on a full-time basis, or

(ii) resides with and provides full-time care and attention to a person who is so incapacitated as to require full-time care and attention within the meaning of section 179 (4), or

(iii) subject to the conditions and in the circumstances that may be prescribed, does not reside with but provides full-time care and attention to a person who is so incapacitated as to require full-time care and attention within the meaning of section 179 (4),

and

(d) other than in the case of the class or classes of person that may be prescribed, makes application to be regarded as a homemaker in the prescribed manner and within the prescribed time;

“yearly average” means, subject to subsection (3), in relation to any claimant, the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period beginning—

(a) on 5 January 1953 in case the claimant is a man, or on 6 July 1953 in case the claimant is a woman, or

(b) at the beginning of the contribution year in which the claimant's entry into insurance occurred (where after 5 January 1953 in the case of a man, or 6 July 1953 in the case of a woman),

(whichever is the later) and ending at the end of the last complete contribution year before the date of his or her attaining pensionable age;

“alternative yearly average” means, in relation to any claimant, the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period beginning on 6 April 1979 and ending at the end of the last complete contribution year before the date of his or her attaining pensionable age.

(3) In the case of a claimant who was a homemaker for the duration of any complete contribution year, beginning on or after 6 April 1994, in which the claimant does not have any credited contributions or voluntary contributions, that contribution year shall be disregarded for the purposes of determining the yearly average of that claimant subject to the total number of contribution years so disregarded not exceeding 20.

(4) In this Chapter, “relevant person” means—

(a) a person who first becomes—

(i) an insured person by virtue of section 12 (1) insured for old age (contributory) pension purposes, or

(ii) an insured person by virtue of section 20 ,

on or after 6 April 1991, or

(b) a person who fails to satisfy the contribution condition in section 109 (1)(c) and had periods in which he or she had been—

(i) 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, and

(ii) an employed contributor, a self-employed contributor or a voluntary contributor in respect of whom contributions, reckonable for the purposes of the contribution conditions for entitlement to old age (contributory) pension were paid in respect of or credited to him or her.

(5) For the purposes of this Chapter, in the case of a relevant person—

“entry into insurance” means, subject to subsection (8), in relation to any person whichever occurs first—

(a) the date on which the person first becomes an insured person by virtue of section 12 (1), except where he or she becomes an insured person by virtue of paragraph (b) of section 12 (1) only, or

(b) the date on which he or she first becomes an insured person by virtue of section 20 ,

and that date shall be regarded as the date of entry into insurance for the purposes of section 109 (1)(a) and (c).

(6) Notwithstanding subsection (5), regulations may provide that the date on which a relevant person first becomes an employed person or a self-employed person, insurable for old age (contributory) pension purposes under the legislation of another Member State, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under section 287 , may be regarded as the date of entry into insurance.

(7) Notwithstanding subsections (5) and (6), regulations may provide that where a date of entry into insurance occurs before a date to be prescribed, that day may be regarded as the date of entry into insurance.

(8) For the purposes of this Chapter, in the case of a person who became a self-employed contributor on 6 April 1988 and who at any time before that date was an employed contributor, the date on which the person first entered into insurance or 6 April 1988, whichever is the more favourable to him or her, shall be regarded as the date of entry into insurance but where a date other than that on which the claimant first entered into insurance is so regarded, that date shall be regarded as the date of entry into insurance for the purposes of section 109 (1)(a) and (c).