Publication
Operational Guidelines: State Pension (Transition)
From Department of Social Protection
Published on
Last updated on
From Department of Social Protection
Published on
Last updated on
State Pension Transition is a social insurance based payment made to qualified people between age 65 and 66. This is not a means-tested payment. However a person must be retired in order to receive payment up to age 66.
State Pension (Transition) was known as Retirement Pension up to 27 September 2006.
State Pension (Transition) is being abolished from 1 January 2014.
This means State Pension (Transition) will no longer be payable for claimants whose date of birth is on or after 1 January 1949.
The main provisions relating to State Pension Transition are contained in:
The scheme is administered by:
A person must:
Social Insurance Contribution Categories
For State Pension Transition purposes, social insurance contributions can be divided into two categories - full-rate and modified rate.
Full-rate contributions:
Full-rate contributions are reckonable for State Pension Transition. There are two types of full-rate contributions, as follows:
Full-rate employment contributions (that is contributions paid as an insurably employed person):
Full-rate voluntary contributions (that is contributions paid on a voluntary basis by a person who is not insurably employed):
Modified rate contributions:
Modified rate contributions are not reckonable for State Pension Transition (they can however be used when calculating entitlement to a mixed insurance pro-rata State Pension Transition - see below).
There are two types of modified rate contributions, as follows:
Modified rate employment contributions:
Modified rate voluntary contributions:
Note: Social insurance contributions paid by the self-employed (class S PRSI or special rate VCs) are not reckonable for State Pension Transition. However, where a person has full-rate contributions, modified rate contributions and self-employment contributions, the self-employment contributions are treated in the same way as modified rate contributions for the purposes of calculating mixed insurance pro-rata State Pension Transition entitlement. However, a person cannot qualify for mixed insurance pro-rata State Pension Transition based on full-rate contributions and self-employment contributions only - there must be some modified rate contributions also (See mixed insurance pro-rata State Pension Transition below).
Note: PRSI contributions at classes J and K and pre 1979 employment contributions which provide cover for Occupational Injuries Benefit only are not reckonable for pension purposes.
Credits: Credited contributions are awarded in certain circumstances by the department, generally in respect of periods of unemployment or incapacity for work due to illness. See separate guideline on "Credited Contributions".
Retirement:
A person must be retired, that is not engaged in insurable employment or insurable self-employment between age 65 and age 66.
Note: a person is regarded as retired if in employment that is insurable at class J PRSI (that is earning less than 38.09 a week or self-employed with earnings of less than €5000 a year).
Note: a person may have a liability to pay contributions as a self-employed person but still be regarded as retired for the purposes of State Pension Transition. In such circumstances the department would have to be satisfied that the person was not engaging in insurable self-employment, for example self-employment contributions liability derives from unearned income such as interest on investments, dividends and so on.
Contribution Conditions
First contribution condition - age at entry
A person must have started paying social insurance employment contributions at full or modified rate before age 55.
Insurance prior to 1953 - National Health Insurance contributions paid prior to 1953 are reckonable in order to satisfy the condition of entry into social insurance before age 55.
Second contribution condition - number of full-rate employment contributions paid
Note: There is one exception. Persons who commenced paying high rate voluntary contributions on or before 6 April 1997 will need only 156 full-rate employment contributions paid
Note: There is one exception. Persons who:
-commenced paying high rate voluntary contributions on or before 6 April 1997, and - have 156 full-rate employment contributions paid, will satisfy this condition if they can make up the balance of the 520 with high rate voluntary contributions
Insurance prior to 1953
National Health Insurance contributions paid prior to 1953 are reckonable in order to satisfy the condition of having a certain number of contributions paid. Every 2 such contributions are counted as 3, and any odd contribution is counted as 2.
Third contribution condition - the average test
Maximum rate of pension is payable where a person has a "yearly average" of at least 48. The yearly average is the average number of contributions paid or credited per year over the period from 1953, or from the year of starting insurable employment, if later, to the end of the tax year before reaching pension age (65).
Maximum rate pension is also payable where a person has an "alternative yearly average" of at least 48. The alternative yearly average is the average number of contributions paid or credited over the period from April 1979 to the end of the tax year before reaching pension age (65). The alternative yearly average applies only to persons who reached age 65 on or after 6 April 1992.
A reduced rate pension is payable where a person has a yearly average of between 24 and 47. (See rates structure below).
Points to note:
Insurance prior to 1953: Where National Health Insurance contributions have been counted for the first or second condition, the yearly average is counted from the start of the 1953 contribution year - 5 January 1953 in the case of a man, and 6 July 1953 in the case of a woman.
Rounding up: From July 1992 in calculating the yearly average, a fraction of a whole number consisting of one half or more is rounded up to the nearest whole number, for example 23.5 is rounded up to 24, 47.5 is rounded up to 48.
A PERSON WHO DOES NOT QUALIFY FOR A PENSION AS OUTLINED ABOVE MAY QUALIFY FOR ONE OF THE FOLLOWING PENSIONS:
EU or Bilateral Agreement (BA) pro-rata State Pension Transition
This pension is based on a combination of full-rate Irish social insurance contributions and reckonable social insurance in EU countries or a country with which Ireland has a Bilateral Social Security Agreement. The pension is a pro-rata payment based on the proportion of Irish social insurance contributions to the total number of contributions paid or credited that is Irish and other insurance combined.
Legislation
EU pension scheme is governed by Council Regulation (EEC) No 1408/71 and No 574/72, as amended. Bilateral Agreement pensions are governed by formal agreements with the relevant countries which are contained in statutory instruments.
Qualifying Conditions
The qualifying conditions are as previously outlined, but with some modification:
To qualify for this pension:
(changes in this condition for persons reaching pension age from 6 April 2002 and 6 April 2012 also apply, except that Irish social insurance contributions and social insurance contributions in the other country can be combined for this purpose)
General
A person should normally make a claim to pension in the country of residence. A person living in Ireland should therefore apply for pension to the Department of Employment Affairs and Social Protection. If the claimant indicates that they were insured* in an EU country or a country with which Ireland has a Bilateral Agreement, a claim to pension in that country is made by the department on the claimant's behalf. The date of claim in Ireland is taken as the date of claim by the other country.
This same procedure applies in reverse if the claim to pension is made in another country but the person has social insurance contributions in Ireland.
Note: In certain countries, residence alone provides cover for social insurance.
Countries covered by EC regulations
Austria, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Norway, Portugal, Romania, Spain, Sweden, the Netherlands, the United Kingdom (excluding the Channel Islands and the Isle of Man).
Countries with which Ireland has a Bilateral Social Security agreement
Australia, Austria, Canada, New Zealand, the United States of America, Quebec and Switzerland.
Note: Ireland has reciprocal agreements with a number of countries. However in most cases these countries are now covered by agreements under EC regulations or Bilateral Agreements. For further details on these Reciprocal Agreements, please contact the department.
Pension age
Pension ages in the various countries are as follows:
Pension Ages In Countries Covered by EC Regulations
| EU Countries | Male | Female |
| Austria | 65 | 60 |
| Belgium | 60 to 65 | 60 to 65 |
| Denmark | 67 | 67 |
| Finland | 65 | 65 |
| France | 60 | 60 |
| Germany | 65 | 65 |
| Greece | 65 | 60 |
| Iceland | - | - |
| Italy (a "seniority pension" is given after 35 years of contributions regardless of age) | 60 | 65 |
| Liechtenstein | - | - |
| Luxembourg | 65 | 65 |
| Norway | 67 | 67 |
| Portugal | 65 | 62 |
| Spain | 65 | 65 |
| Sweden | 65 | 65 |
| The Netherlands | 65 | 65 |
| United Kingdom | 65 | 60 |
Bilateral Agreement Countries
Pension Ages In Countries Covered by Bilateral Agreement
| Countries | Male | Female |
| Australia | 65 | 60 |
| Austria | 65 | 60 |
| Canada | 60 to 65 | 60 to 65 |
| New Zealand | 65 | 65 |
| USA | 62 to 65 | 62 to 65 |
| Quebec | 65 | 65 |
| Switzerland | - | - |
Calculation of rate of payment
The rate pension, where insurance contributions in another country are being combined with Irish contributions, is calculated as follows:
Step 1: The notional pension is calculated. Notional pension is that which would be payable if all social insurance contributions, both full-rate Irish and non-Irish, were treated as Irish contributions. The full-rate Irish and non-Irish reckonable contributions are therefore added together and the total is then divided by the number of years to get the yearly average number of contributions.
Step 2: The following formula is then used:
(A x B)/C
A = the notional rate of pension, that is the rate (personal plus increase for qualified adult, if applicable (see below re qualified spouse/civil partner/ cohabitant)) which would be payable if all social insurance, both full-rate Irish and foreign, was treated as full rate Irish social insurance.
B = the no. of full rate Irish contributions
C = the total no. of contributions (full rate Irish + foreign)
Allowances: While the increase for a qualified spouse/ civil partner/ cohabitant and the age 80 allowance are subject to the pro-rata calculation, the other allowances (Increase for a qualified child, Living alone increase and fuel allowance) are payable at the standard domestic rate.
Increase for a qualified child is payable in one country only.
Mixed insurance pro-rata State Pension Transition
This pro-rata pension, which was introduced in November 1991, is based on a combination of full and modified rate contributions (see above for an explanation of these categories). Prior to this, many persons who paid a mixture of full and modified rate social insurance contributions did not qualify for pension despite the fact that they paid full-rate contributions for part of their working lives. These persons may now qualify for a pension based on the number of full-rate contributions as a proportion of their total contributions, that is full and modified rate.
To qualify for this pension:
- 520 full-rate employment contributions, or
- 520 employment contributions of which at least 260 must be full-rate employment contributions. The remainder may be made up with modified rate employment contributions)
See separate guideline regarding "Credited Contributions".
Calculation of rate of payment:
The rate pension, where full and modified insurance contributions are combined, is calculated as follows:
Step 1: The notional pension is calculated. Notional pension is the pension that would be paid if all social insurance contributions, both full and modified rate, were treated as full-rate contributions. The full and modified rate contributions are therefore added together and the total is then divided by the number of years to get the yearly average.
Step 2: The following formula is then used:
(A x B)/C
A = the notional rate of pension, that is the rate (personal plus increase for a qualified adult, if applicable) that would be payable if all contributions, both full and modified rate, were treated as full rate contributions.
B = the number of full rate contributions
C = the total number of contributions (full and modified rate)
Allowances:
While the increase for a qualified spouse/ civil partner/ cohabitant is subject to the pro-rata calculation, the allowances (Increase for a qualified child, living alone increase and fuel allowance) are payable at the standard rate.
Late Claims:
A person is disqualified for payment of State Pension Transition in respect of any period more than 6 months before the date on which the claim is made. This disqualification also applies to any increase or allowance.
See fuller comment at Part 2 below and separate guideline "Claims and Late Claims" for more detail on late claims and other circumstances in which payment of pension may be further backdated.
Imprisonment:
A person is disqualified for payment of personal rate of pension while undergoing penal servitude, imprisonment or detention in legal custody. An increase for a qualified spouse/ civil partner/ cohabitant (see below re. qualified spouse/ civil partner/ cohabitant) or an increase for a qualified child can still be paid.
A person is disqualified for receipt of an increase for a qualified adult while the qualified adult is undergoing penal servitude, imprisonment or detention in legal custody.
(See Part 3 below and fuller comment re. imprisonment in separate guideline on "Payment Related Issues" )
Payment is made up of a personal rate plus any increase or allowances which may be due.
Personal rate: Personal rate of pension depends on the yearly average number of contributions, as follows:
48 or over - Maximum personal rate is payable.
24 - 47 - Reduced rate is payable.
Note: prior to 4 May 2000 the 24 - 47 yearly average band was divided into two bands, 24 - 35 and 36 - 47, with different rates payable for each band.
See the Rates Booklet SW 19 which is issued annually for the current rates of payment.
Increase in pension for a Qualified Spouse/ Civil Partner/ Cohabitant:
This is payable in respect of a spouse/ civil partner/ cohabitant who is being financially maintained and whose income is not greater than a specified limit currently €310.
Where the spouse/ civil partner/ cohabitant's income is not more than €100 a week, the full relevant rate of qualified adult spouse/ civil partner/ cohabitant increase is payable. Where the spouse/ civil partner/ cohabitant's income is more than €100 a week but not more than €310 a week, reduced rates of qualified spouse/ civil partner/ cohabitant increase are payable.
If the spouse, civil partner or cohabitant of a claimant deprives themselves of income or property (including money) in order for the claimant to qualify for an Increase for qualified adult, or improve a weekly rate of payment, that income or property will be included in the means test if transfer of asset(s) has taken place on or after 29 November 2011. (This may not apply in the case of a farm transfer)
If the pensioner has children living with him or her and is single, widowed or separated, she or he may qualify for qualified spouse/ civil partner/ cohabitant increase for a person who is caring for the child/ren provided that person is living with and being supported by the pensioner.
The qualified spouse/ civil partner/ cohabitant rate is increased when the qualified adult reaches age 66.
An increase is payable in respect of one qualified spouse/ civil partner/ cohabitant only.
(See separate guideline "Increase for a Qualified Adult" re conditions for receipt of increase for a qualified spouse/ civil partner/ cohabitant.)
Increase for a Qualified Child:
This is payable in respect of a qualified child who is normally resident with the pensioner. A child is regarded as a dependant up to age 18, or if in full-time education by day at any university, college, school or other educational establishment, up to end of academic year (June) of the year in which the qualified child reaches age 22.
Half rate is payable in certain circumstances, that is where the child is normally resident with the pensioner and the spouse/ civil partner/ cohabitant but the pensioner does not qualify for an increase for the spouse/ civil partner/ cohabitant because the spouse is not regarded as a qualified spouse/ civil partner/ cohabitant.
From 6 July 2012 a pensioner is not entitled to claim half-rate increase for a Qualified Child if their spouse/ civil partner/ cohabitant has an income of over €400 per week.
Note: If a person is getting pension from this country and from an EU country or a country with which Ireland has a Bilateral Agreement, increase for a qualified child is payable by one country only. It is normally paid by the country in which the pensioner is resident.
(See separate guideline "Increase for a Qualified Child" for fuller details.)
Fuel Allowance:
This is payable for a 26 week period from October to mid-April each year. Only one allowance is payable per household. Entitlement depends mainly on the means and the composition of the household.
(See separate guideline "Fuel Allowance" for fuller details.)
After Death Benefit:
The next of kin of a deceased person has a legal onus to register the death.
Payment of pension may continue for six weeks after death in certain circumstances. Notification of date of death should be given to the department at the earliest possible date. See part 3. below and separate guideline on "Payment Related Issues"
for fuller detail. See also separate guideline on Item was unpublished or removed
Carer's Allowance
This may be payable to a person who provides full-time care and attention to a pensioner who is medically certified as being incapacitated and requiring full-time care and attention. From September 2007 it may be possible to receive State Pension Transition or an Increase for a Qualified spouse/ civil partner/ cohabitant and also receive a half rate of Carer's Allowance. See separate guideline "Carer's Allowance" for more detail.
Household Benefits
Household Benefits are allowances in respect of Electricity and Telephone costs and provision of a free TV Licence. A person will not normally qualify for these allowances until age 66. See seperate guideline "Household Benefits Package" for more detail.
Other benefits available from a relevant health service executive:
Application should be made to the Community Welfare Officer in your local Health Centre. A means test and other qualifying conditions may apply.
(See separate guideline "Supplementary Welfare Allowance". )
State Pension Trasition and any of the Social Welfare payments listed below or supplementary welfare allowance are not payable concurrently.
Also, an increase for a qualified spouse/ civil partner/ cohabitant is not payable in respect of a person getting any of the payments listed below or supplementary welfare allowance. However, if the qualified spouse/ civil partner/ cohabitant increase is payable at a higher rate, the person may opt to become a qualified spouse/ civil partner/ cohabitant on State Pension Transition rather than continue on his or her own payment.
(See separate guideline re "Overlapping Payments".)
Under Social Welfare legislation there is a legal onus on a person to apply to the department for State Pension Transition if she or he believes they may have such an entitlement. Claim form SPC1 should be completed in full, that is all relevant questions answered, the form signed by the claimant and forwarded to the department with relevant documentation as indicated below.
An acknowledgement showing claim number is issued on receipt of the claim. The claim reference is quoted and the claimant should quote same in any future contact with the department regarding their pension claim.
A person may, depending on financial circumstances, claim Supplementary Welfare Allowance while awaiting a decision on pension entitlement (see separate guideline "Supplementary Welfare Allowance" for details of the scheme.)
Failure to claim pension at pension age may result in loss of pension payment
From 5 April 2012, late claims for State Pension Transition may be backdated for a maximum period of 6 months.
Backdating of a late claim beyond 6 months will be considered only in circumstances where failure to claim arose as a result of:
A claim to State Pension Transition should be made three months before reaching age 65, or, if retiring between age 65 and 66, three months before date of retirement. If a person worked in an EU country or a country with which Ireland has a bilateral agreement, a claim should be made six months before reaching age 65 or date of retirement.
Claims received between 1 January 1997 and 5 April 2012:
Where a claim to pension is made late, that is after the age of 65 or date of retirement, payment can be backdated up to 12 months from date of receipt of claim provided the relevant qualifying conditions are fulfilled. Further backdating of payment may be made on a proportional basis, for example a claim made three years late would attract a full 12 months arrears of payment plus a further 47 weeks payment.
There are also legislative provisions for payment of arrears where it is shown that:
and that any of the above caused the person to claim pension late. Payment of arrears may also be made in certain circumstances to alleviate hardship caused by current financial difficulties.(See SI 55 of 1998 for full details).
Claims received before 1 January 1997:
Payment may be backdated up to six months from date of receipt of claim. In addition, extra-statutory backdating of payment may be made on a proportional basis.
Further extra-statutory backdating may be made where it is shown that:
and that any of the above caused the person to claim pension late. Payment of arrears may also be made in certain circumstances to alleviate hardship caused by current financial difficulties.
The same provisions apply to claims for any increase or allowance.
See also separate guideline "Claims and Late Claims" for fuller details on late claims, proportional payments, and circumstances in which payment of pension or allowances may be further backdated.
The claimant is required under Social Welfare legislation to produce certificates, documents, information and evidence as required, including Birth Certificate, Marriage Certificate, dependant's birth certificate, proof of retirement, evidence of means or income of spouse and so on.
A Deciding Officer may not be in a position to make a decision on a claim until all requested documentation has been received in the department.
It is an offence for a person to knowingly make a false or misleading statement or to provide documents or information which they know to be false in some respect for the purpose of obtaining or establishing entitlement to pension, or pension at a higher rate. A person found guilty of such an offence could be liable to a fine of €1,269.74 (€1,000) or a term of imprisonment of up to 12 months or both. Any overpayment of pension would also be repayable to the department.
A claimant's insurance contribution record is inspected by a Deciding Officer to establish if the social insurance contribution qualifying conditions are satisfied. The Deciding Officer also checks that the claimant satisfies the retirement condition. If there is entitlement to pension, entitlement to any increases or allowances claimed is also examined.
Insurance contribution records are held by the Central Records Section of the department. However modified rate social insurance records for periods prior to 1979 for persons employed by government departments and semi-State bodies are held by the employer. Foreign social insurance records are held by the Social Security Department in the relevant country.
Where a query arises or where additional information or clarification is needed regarding any aspect of a person's claim, further enquiries are made, usually by correspondence or phone contact with the claimant or former employer. Occasionally it may be necessary to ask a Social Welfare Inspector to contact the claimant or a former employer. This would generally arise where there are gaps in a claimant's insurance record.
Claims are decided by Deciding Officers appointed by the Minister under Part 10, Section 299 of the Social Welfare (Consolidation) Act, 2005. Deciding Officers are independent in the exercise of their functions in deciding on entitlement to pension. (See separate guideline on "Decision-Making" for fuller details)
A written notification of the decision is issued to the claimant. Where claims are disallowed or allowed at a rate other than the maximum, the claimant is given an explanation of the basis for the decision and also given the right of appeal.
Any decision of a Deciding Officer may be revised if the circumstances so warrant, for example an increased pension may be awarded where additional contributions are added to the record following investigation.
(See separate guidelines on "Decision Making" and "Revised Decisions" for fuller details.)
A person who is dissatisfied with the Deciding Officer's decision, for example refused award of pension or refused an increase for a spouse, may appeal the decision. The appeal should be made by writing to the Chief Appeals Officer, Social Welfare Appeals Office, D'Olier House, Dublin 2, within 21 days of notification of the Deciding Officer's decision, stating the grounds of appeal.
When an appeal is made to the Social Welfare Appeals Office, the grounds of appeal are put before the Deciding Officer so that the Deciding Officer may, if it is to the advantage of the claimant, revise the decision if she or he feels that this is necessary having regard to the facts or evidence put forward in the letter of appeal. The claimant will also have the right to appeal the revised decision of the Deciding Officer.
(See separate guideline on "Revised Decisions").
An Appeals Officer can decide on an appeal summarily or may deal with the case by way of an oral hearing.
A statement is prepared on the facts relied upon by the Deciding Officer in the making of a decision on entitlement to pension and on the extent to which the facts and contentions advanced by the appellant are admitted or disputed. This statement is put before the Chief Appeals Officer.
Prior to 28 September 2006, if a person reaches the age of 65 on a day other than a Thursday then the pension is payable from the following Thursday, that is the first Thursday following the date of reaching age 65. This also applied to increases in payment of pension.
From 28 September 2006, State Pension Transition is payable from the date a oerson reached age 65 or the da after they retire.
Person living in the state have the option of having State Pension Transition paid by one of the following methods:
Electronic Fund Transfer (EFT): payable directly into a Bank, Building Society or An Post Savings Account. Payment in this way has a number of advantages - the payment is lodged to the account on the day of payment; the pension is more accessible through the use of electronic banking and you avoid delays and queuing.
Electronic Information Transfer (EIT): payable weekly using a Social Services card at a chosen post office.
Arrears: any arrears of payment due may be included in the normal method of payment or paid by cheque.
A person may request a change of payment method or change nominated Post Office, bank and so on by notifying the department in writing.
Persons living outside the State have the option of having State Pension Transition paid by one of the following methods:
It is open to a person to change nominated account or bank by notifying the department in writing.
State Pension Transition is payable between the ages of 65 and 66 provided that the qualifying conditions for pension (that is that between age 65 and 66 the pensioner is retired from employment) and for any increase or allowance continue to be satisfied (provided the person is not disqualified for any reason, for example imprisonment). Persons in receipt of State Pension Transition will automatically be paid State Pension Contributory from age 66 - there is no need to re-apply. A person does not have to be retired to get State Pension Contributory.
State Pension Contributory is payable at age 66. State Pension Transition and State Pension Contributory have the same rates of payment. For the majority of persons awarded State Pension Transition, whether at maximum or reduced rate, there is no need to apply for State Pension Contributory at age 66.
There are some circumstances where a pensioner is better off transferring to State Pension Contributory at age 66 - such as the following circumstances:
People in receipt of State Pension Transition who will be better off on State Pension Contributory at age 66 will be so advised by the department.
Persons who are refused State Pension Transition but who may have an entitlement to State Pension Contributory at age 66 are advised by the department.
See also separate guideline Credited Contributions" re general provisions and importance of credits.
Where a person receiving a pension dies or a person for whom they were receiving a qualified spouse/ civil partner/ cohabitant increase dies, or a spouse in receipt of State Pension Transition, State Pension Contributory or State Pension Non-Contributory dies, payment of pension continues for a period of six weeks after death to the qualified spouse/ civil partner/ cohabitant or pensioner in certain circumstances. Payments are also made where a qualified child dies. See "Payment Related Issues" guideline for fuller details of the circumstances in which these payments are made.
Where State Pension Transition was in payment up to the date of death of a pensioner and included an increase for a qualified spouse/ civil partner, Widow/er's Contributory Pension is automatically awarded to the spouse/ civil partner (this includes a husband or wife divorced by the pensioner, who has not re-married).
Note: This provision does not apply in mixed insurance pro-rata or EU/Bilateral Agreement pro-rata pension cases, and may also not apply in Pre 53 pension cases. In such cases the husband or wife should apply for Widow's Pension in the normal way.
Payment of Widow's, Widower's or Surviving Civil Partner's Contributory Pension is made following the cessation of the six weeks payment after death.
In cases where six weeks payment after death is not payable, the spouse/civil partner should apply for Widow's, Widower's or Surviving Civil Partner's Contributory Pension.
Bereavement Grant is payable on the death of:
See "Bereavement Grant" guideline for more detailed information.
Pension is normally paid directly to the pensioner. However, payment of a proportion of State Pension Transition may be made to the qualified spouse/ civil partner/ cohabitant where it is likely that the amount of pension will not be used for the subsistence of the family unit or where the pensioner or qualified spouse/ civil partner/ cohabitant is in a hospital or residential home. The payment of pension may be divided equally where the couple are residing together or qualified spouse/ civil partner/ cohabitant increase and increase for a qualified child paid separately where the couple reside apart.
See separate guideline "Separate Payments" for further details.
Stop dates are inserted onto the department's computerised payment system as follows:
Increase in qualified spouse/ civil partner/ cohabitant rate at age 66: This increase is included automatically from the qualified adult's 66th birthday.
See separate guideline "Payment Related Issues" re action to be taken when a book of payable orders or a cheque from the department is lost or stolen. The department, the Gardai and the Post Office of payment should be notified immediately of any such loss or theft.
A pensioner who is unable to cash their payable order book may nominate another person to collect the payment on their behalf.
See also separate guideline "Payment Related Issues" for fuller detail in relation to appointment of an agent.
The department should be notified as soon as possible in writing. See "Payment Related Issues" guideline for more detail.
Arrangements may be made for payment of pension where a pensioner is too ill to cash payable orders or is detained in hospital. See "Payment Related Issues" guideline for more details.
A person is disqualified from receiving State Pension Transition, including any increases in pension, for any period during which they are undergoing penal servitude, imprisonment or detention in legal custody. Similarly a qualified spouse/ civil partner/ cohabitant increase is not payable for any period during which the qualified spouse/ civil partner/ cohabitant is undergoing penal servitude, imprisonment or detention in legal custody.
There are some exceptions to this disqualification, that is increase for a qualified spouse/ civil partner/ cohabitant and increase for a qualified child may be paid if the pensioner is undergoing penal servitude, imprisonment or detention in legal custody. See Item was unpublished or removed
See also separate guideline regarding "One-Parent Family Payment" which may be payable where a spouse is imprisoned and there are qualified children.
Payment of pension will be made for periods outside the state, either on a temporary or permanent basis. The department should be notified of any permanent absence from the state and any absence of more than a few weeks. (See "Payment-related issues" guideline for fuller details on absence from the State).
There is an onus on a pensioner to notify the department of any changes in circumstances which may affect entitlement to pension or entitlement to any increases or allowances.
When a pension is awarded, the pensioner is issued with a list of circumstances that must be notified to the department.
The circumstances are as follows:
Note: The death of a pensioner must also be notified immediately to the department.
In addition, pensioners are notified on an ongoing basis of circumstances that must be notified to the department, as follows:
Failure to notify the department of any of the above events may result in overpayment of pension which may be recoverable from the pensioner by way of lump sum repayment or weekly deductions from pension.
See separate guideline "Overpayment Recovery" for more detail.
A review is initiated when a pensioner notifies the department of any change in his or her own or spouse's circumstances. This review may be carried out by way of visit by a Social Welfare Inspector or by direct correspondence or phone contact with the pensioner.
Periodic reviews are also initiated by the department to confirm that the pension is correctly in payment and that the pensioner continues to fulfil the qualifying conditions for the receipt of pension.
Payment of pension or any increase or allowance on pension will be discontinued if the qualifying conditions are no longer satisfied, for example pensioner between age 65 and 66 engages in insurable employment and is therefore no longer entitled to pension or pensioner no longer entitled to an increase for a qualified adult as spouse has taken up employment earning more than 280 a week.
Depending on the circumstances of the case, the Deciding Officer may, having established the facts of the case, consider it necessary to write to the pensioner outlining the reasons why it is deemed that they no longer appear to satisfy the conditions for receipt of the pension, increase or allowance currently in payment. The pensioner will be given 21 days in which to comment. If new evidence or fresh information is advanced by the pensioner,the Deciding Officer will re-examine the case. If, however, no new information is advanced or that advanced is considered by the Deciding Officer to have no material bearing on the case, the Deciding Officer will make a decision revoking the pension, increase or allowance. There will be a right of appeal against this decision, as referred to already in this guideline.
Also, where initial enquiries with a pensioner, including written communication, fail to establish the facts as required payment of the increase or allowance may be suspended until the relevant information has been provided by the pensioner or a person acting on their behalf.
See also separate guideline "Decision Making" and "Revised Decisions" in relation to principles of Natural Justice and revised decisions.
If an overpayment of pension has occurred it may be recoverable by the department. See separate guideline "Overpayment Recovery" for more detail.
Documents in respect of an application for payment are retained and are not destroyed until the expiration of two complete calendar years after the year of death of the claimant. A random sample of 10% of files due to be so destroyed are retained for archival purposes in accordance with the National Archives Act.