Publication
Operational Guidelines: State Pension Contributory
From Department of Social Protection
Published on
Last updated on
From Department of Social Protection
Published on
Last updated on
Description of Scheme
State Pension (Contributory) is a social insurance based payment made to people from age 66. A person can choose to drawdown their State Pension (Contributory) at any point between age 66 and age 70. This is not a means-tested payment. A person can receive payment of State Pension (Contributory) and continue to work or have other income such as an occupational pension.
State Pension (Contributory) was known as Old Age Contributory Pension up to 28 September 2006.
Legislation
The main provisions relating to State Pension (Contributory) are contained in
Administration
The scheme is administered by the Social Welfare Services Office, College Road, Sligo, F91 T284.
A person must:
or
Note for Information
Social Insurance Contribution Categories For State Pension (Contributory) 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 (Contributory). There are three types of full-rate contributions, as follows:
Full-rate employment contributions (contributions paid as an insurably employed or insurably self-employed person):
Full-rate voluntary contributions (i.e. contributions paid on a voluntary basis by a person who is not insurably employed or insurably self-employed:
Long Term Carers Contributions (LTCC) at class T for a person who has cared for an incapacitated child or adult for 20 years or more.
Modified rate contributions
Modified rate contributions are not reckonable for a full standard State Pension (Contributory). However they are used when calculating entitlement to a mixed insurance pro-rata State Pension (Contributory). There are two types of modified rate contributions, as follows:
Modified rate employment contributions:
Modified rate voluntary contributions:
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.
Class S PRSI
Class S PRSI is paid by self employed people and provides cover for State Pension (Contributory). Certain conditions apply as follows:
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 Credited Contributions guideline for more general information.
A person must have started contributing to their social insurance record with full or modified rate contributions before age 56 if born between 1 October 1922 and 31 December 1957.
A person must have started contributing to their social insurance record with full or modified rate contributions 10 years prior to drawdown date if born on/after a January 1958.
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 if the yearly average is 20 or more.
Note: There is one exception. Persons who:
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 full-rate contributions paid and/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 (66).
A reduced rate pension is payable where a person has a yearly average of between 10 and 47. (See rates structure on page 20).
See also "Special State Pension (Contributory) for persons with social insurance contributions paid prior to 1953" below.
The alternative contribution test
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 and/or credited over the period from April 1979 to the end of the tax year before reaching pension age (66). The "alternative yearly average" applies only to persons who reached age 66 on or after 6 April 1992.
Aggregated Contributions Method
An Aggregated Contributions Method (ACM) arrangement is in place since 30 March 2018 and is applicable to those with a date of birth on or after 1 September 1946. This approach has three elements to it. The Department takes into account:-
When both credits and HCP are on a record , 1040 is the maximum number of combined HCP and credits than can be used in the calculation.
To receive the maximum rate of payment under the ACM, you must have 2,080 contributions and credits (equivalent to 40 years). If you have less than 2,080 contributions and credits your rate will be a percentage of the maximum rate of pension.
Gradual move to Total Contribution Approach from Yearly Average
From 01/01/2025 SPC (for those with DOB on or after 01/01/1959) will be calculated:
Using Aggregated Contribution Method only
OR
A combination of Y/A and Total Contribution Approach
**This is based on the date you draw down your pension and not your date of birth/year you turn pension age
whichever is greater
This will continue for 10 years until all SPC calculated using TCA only by 01/01/2034 (for those DOB 01/01/1968 +)
Calculation of rate of payment
Step 1
The Total Contribution Approach rate is calculated. To receive the maximum rate of payment under the TCA, you must have 2,080 contributions and credits (equivalent to 40 years). If you have less than 2,080 contributions and credits your rate will be a percentage of the maximum rate of pension.
If max rate received here no further calculations completed.
Step 2
The yearly average rate is calculated i.e. The full-rate contributions are added together and the total is then divided by the number of years to get the yearly average number of contributions.
Where the TCA is higher than the long average the TCA is awarded and no further calculations are completed. Where the yearly average calculation produces a higher rate than the Total Contribution Approach we proceed as follows.
Step 3
The relevant strategy for the year of award us is used to allocate the percentage to each rate calculation
For Example- 2027 (Strategy- 70% YA, 30% TCA)
(YA x 70%) + (TCA x 30%) = Awarded rate
Pension Age
Pension age is currently 66 years. From 01/01/2024 a person reaching age 66 can defer access to their pension to a date at any point between age 66 and age 70. They will not be backdated to their 66th birthday when they chose a date to access their pension. This is the date entitlement/payment starts.
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 e.g. 9.5 is rounded up to 10, 47.5 is rounded up to 48.
Self-employed persons
Persons liable for class S PRSI contributions (who have satisfied the other conditions) must, in order to be awarded State Pension (Contributory):
See also "Special State Pension (Contributory) for the self-employed" below.
Homemakers
Years spent working in the home from 6 April 1994 caring for a child up to age 12 or caring for an incapacitated person are disregarded in calculating the yearly average third condition. Up to a maximum of 20 years may be disregarded in this way.
See Homemaker's guideline for more general information.
A person who does not qualify for the pension above may qualify for one of the following pensions
Special partial State Pension (Contributory)
Prior to 1 April 1974, non-manual employees were not liable for social insurance contributions if their earnings were over a prescribed limit. This limit was abolished on 1 April 1974. Due to the operation of this prescribed earnings limit many people failed to qualify for State Pension (Contributory) because of gaps in their insurance record. This special partial pension was introduced in October 1988 to cater for people in this position.
Qualifying Conditions (the qualifying conditions are as previously outlined, but with some modifications):
To qualify for this pension
(See Second Qualifying Conditions above re changes in this condition for persons reaching pension age from 6 April 2002 and 6 April 2012)
EU or Bilateral Agreement (BA) pro-rata State Pension (Contributory)
If you do not qualify for a standard State Pension (Contributory) from this Department based on your Irish social insurance alone and you have periods of insurance in another EU country or Bilateral Agreement country you may qualify for a pro-rata pension using your combined social insurance records.
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 and/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
See Second Qualifying Conditions above re 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 Social Protection. If the claimant indicates that he/she was 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
Countries with which Ireland has a Bilateral Social Security Agreement
Note: Ireland has reciprocal agreements with a number of countries. However in most cases these countries are now covered by agreements under EU regulations or Bilateral Agreements. See "International Services" guideline for more general information.
Pension age
Pension ages in the various countries are as follows:
| Male | Female | ||
| EU Countries | |||
| Austria | 65 | 60 | |
| Belgium | 60 to 65 | 60 to 65 | |
| Denmark | 67 | 67 | |
| Finland | 65 | 65 | |
| France (depending on date of birth) | 60 to 62 | 60 to 62 | |
| Germany | 65 | 65 | |
| Greece | 67 | 67 | |
| Iceland | 67 | 67 | |
| Italy | 67 | 67 | |
| Liechtenstein | 65 | 65 | |
| Luxemburg | 65 | 65 | |
| Norway | 67 | 67 | |
| Portugal | 66 | 66 | |
| Spain | 65 | 65 | |
| Sweden | 65 | 65 | |
| The Netherlands | 66 | 66 | |
| United Kingdom | 66 | 66 |
Bilateral Agreement Countries
| Australia | 66 | 66 | |
| Canada | 60 to 65 | 60 to 65 | |
| Japan | 64 | 62 | |
| New Zealand | 65 | 65 | |
| USA | 62 to 67 | 62 to 67 | |
| Quebec (Amounts vary depending on age of retirement) | 60 to 70 | 60 to 70 | |
| Republic of Korea | 60-65 | 60-65 | |
| Switzerland | 65 | 65 |
Calculation of rate of payment
The rate of 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 multiplied by B divided by C
(AxB)/C
A = the notional rate of pension i.e. the rate (personal plus increase for a qualified adult, if applicable (see below re qualified adult)) 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 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.
Ireland / United Kingdom Social Security arrangements from 1st January 2021
The European Union and the United Kingdom agreed a Trade & Cooperation Agreement which contains a Protocol on Social Security to take effect from 1st January 2021. The Protocol provides for a wide range of social security issues into the future. On the 31st December 2020, the Convention on Social Security agreed between Ireland and the United Kingdom was commenced. Together these Agreements ensure, that all existing social security arrangements for Irish & UK citizens are maintained into the future. Ireland as an EU Member State, will extend on a unilateral basis the advantages of the Convention to Union citizens, as required.
For Brexit-related information see:
For information on social welfare entitlements see:
Mixed insurance pro-rata State Pension (Contributory)
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 factthat 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 i.e. full and modified rate.
Qualifying Conditions
The qualifying conditions are as previously outlined, but with some modification:
To qualify for this pension
See Second Qualifying Conditions above for changes in this condition for persons reaching pension age on or after 6 April 2002 except that there is no saver clause for voluntary contributors. Also, for persons reaching pension age on or after 6 April 2012, 520 contributions must be paid. However the 520 may be made up in either of following ways:
See Credited Social Insurance Contributions guideline for more general information.
Calculation of rate of payment
The rate of 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 multiplied by B divided by C
(A x B)/ C
A = the notional rate of pension i.e. the rate (personal plus increase for a qualified adult, if applicable) which 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 prorata calculation, other allowances (increase for a qualified child, living alone increase, age 80 allowance and fuel allowance) are payable at the standard rate.
Special State Pension (Contributory) for the self-employed
Social insurance contributions for the self-employed were introduced on 6 April 1988. However many self-employed people had reached the age of 56 by this date and therefore could not qualify for State Pension (Contributory) as they would not satisfy the condition of entering social insurance before age 56.
This pension was introduced for such self-employed people. It was introduced with effect from 9 April 1999, and covers people born between 6 April 1927 and 6 April 1932.
Qualifying Conditions:
To qualify for this pension, a person must have
Rate of payment
Personal rate of pension is payable at half the maximum standard rate. The increase for a qualified spouse/civil Partner/cohabitant and the increase for a qualified child are payable at half rate also.
Living Alone Increase, Age 80 Allowance and Fuel Allowance are payable at the standard rate.
Special State Pension (Contributory) for persons with social insurance contributions paid prior to 1953
This pension was introduced with effect from 5 May 2000.
Qualifying Conditions:
To qualify for this pension, a person must have 260 full-rate contributions paid. The 260 can be made up solely of contributions paid prior to 1953*, or, a mixture of contributions paid before and after 1953
Note: For the purpose of establishing the 260 paid contributions, every 2 contributions paid prior to 1953 is counted as 3, and any odd contribution is counted as 2.However in calculating the rate of the pension payable this "3 for 2" rule only applies to the Irish pre 1953 National Health Insurance contributions and not foreign insurance.
Rate of payment
Personal rate of pension is payable at half the maximum standard rate. The increase for a qualified spouse/civil partner/cohabitant and the increase for a qualified child are payable at half rate also.
Living Alone Increase, Age 80 Allowance and Fuel Allowance are payable at the standard rate.
EU or Bilateral Agreement (BA) pro-rata State Pension (Contributory) for persons with social insurance contributions paid prior to 1953.
A person who does not qualify for the above pension may qualify for a pro-rata version of it i.e. a pension 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.
Qualifying Conditions
The qualifying conditions are as outlined above except that Irish social insurance contributions and social insurance contributions in the EU country/countries or a bilateral agreement country can be combined for the purpose of satisfying the condition of having 260 contributions paid. However, there must be at least 52 contributions paid and credited in Ireland.
Calculation of payment
The rate is calculated by using the following formula:
A multiplied by B divided by C
(A x B)/ C
A = the rate that would be payable if the 260 full-rate social insurance contributions paid were all Irish (i.e. half-rate State Pension (Contributory))
B = the no. of full-rate Irish contributions paid
C = the total no. of full-rate contributions paid (i.e. Irish and foreign)
Note: For the purposes of establishing the 260 paid contributions, every 2 contributions paid prior to 1953 is counted as 3, and any odd contribution is counted as 2. However in calculating the rate, this "3 for 2" rule does not apply (i.e. when calculating "B" and "C" above, contributions are counted on a "one for one" basis).
If you fail to qualify for contributory pension based on your insurance record, or, if you only qualify for a reduced rate of payment on the basis of your insurance record, you may apply for State Pension (Non-Contributory) which is based on an assessment of your means (you must be resident in the State to claim this pension). If it is to your advantage you can get paid State Pension (Non-Contributory) instead.
Late Claims
A late claim for State Pension (Contributory) may be backdated for a maximum period of 6 months from the date of receipt of the claim.
See Part 2 below and Claims and Late Claims guideline for more detail on late claims and other circumstances in which payment of pension may be further backdated.
Imprisonment
A person will continue to receive 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 spouse/civil partner/cohabitant or qualified child while the qualified spouse/civil partner/cohabitant or qualified child 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 of pension depends on the yearly average number of contributions, as follows:
48 or over - Maximum personal rate is payable.
20 - 47}
15 - 19} Reduced rates are payable
10 - 14}*
5 - 9} (special partial pension only)
From 1 September 2012 the rate of pension depends on the yearly average number of contributions, as follows:
48 or over - Maximum personal rate is payable.
40 - 47}
30 - 39}
20 - 29} Reduced rates are payable
15 - 19}
10 - 14}* 5 - 9} (special partial pension only)
Half personal rate pension is payable where the yearly average falls in the 10 - 14 bracket. This is also the personal rate applicable to the Special State Pension (Contributory) for the self-employed and the Special State Pension (Contributory) for persons with social insurance contributions paid prior to 1953.
Note: prior to 5 May 2000, the 20 - 47 yearly average band was divided into three bands, 20 - 23, 24 - 35 and 36 - 47.
Or
From 30 March 2018 to receive the maximum rate of payment under the ACM, you must have 2,080 contributions and credits (equivalent to 40 years). If you have less than 2,080 contributions and credits your rate will be a percentage of the maximum rate of pension.
See the Rates Booklet SW 19 which is issued annually for the current rates of payment.
Increases in Pension and Additional Allowances
Age 80 allowance
A higher rate of pension is payable to a pensioner aged 80 or over. The increase is paid automatically - there is no need to apply.
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 EUR310 *).
Note: where the spouse/civil partner/cohabitant’s income is not more than EUR100.00 a week, the full relevant rate of qualified spouse/civil partner/cohabitant increase is payable. Where the spouse/civil partner/cohabitant’s income is more than EUR100.00 a week but not more than EUR 310.00 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/her and is single, widowed or separated, s/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 spouse/civil partner/cohabitant reaches age 66.
An increase is payable in respect of one qualified spouse/civil partner/cohabitant only.
See Increase for Qualified spouse/civil partner/cohabitant guideline for more general information.
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 of the year in which the qualified child reaches age 22.
Half rate is payable in certain circumstances i.e. 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 6th 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 a 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 Increase for a Qualified Child guideline for more general information.
Living alone increase
This is payable if a SPC recipient is age 66 or over and living alone. See Living Alone Increase guideline for more general information.
Fuel allowance
This is payable for a 28 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 Fuel Allowance Scheme guideline for more general information.
Telephone support allowance
This is payable at a weekly rate of €2.50 to those in receipt of the Living alone increase and the Fuel allowance. It is paid automatically, there is no need to apply.
Increase for living on a Specified Island
This is payable if a pensioner is age 66 or over and ordinarily resident on one of a list of specified islands off the coast of Ireland. It is paid automatically. However, if the customer is not in receipt of State Pension (Contributory) from this Department but is in receipt of an equivalent Social Security pension from another EU/BA country, s/he must apply for this increase.
See Increase for Living on A Specified Island guideline for more general information.
After Death Benefits
Where a pensioner dies, 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 Payment-related issues guideline for further detail.
Carer's Allowance: may be payable to a person who provides full-time care and attention to a person who is medically certified as being incapacitated and requiring fulltime care and attention. From September 2007, it may be possible to obtain a half rate Carer's Allowance in addition to a State Pension (Contributory) or increase for a qualified spouse/civil partner/cohabitant. See Carer's Allowance guideline for more general information.
Household Benefits
Free Travel: Persons age 66 or over and living in the state are entitled to a Free Travel pass. If a person is awarded State Pension (Contributory), a Free Travel pass is issued automatically.
In certain circumstances a pensioner may also qualify for:
See separate guideline Household Benefits Package for more details.
See Supplementary Welfare Allowance Scheme guideline for more general information on Supplementary Welfare Allowance.
Overlapping Provisions
Apart from Disablement Pension under the Occupational Injury Benefit Scheme and Child Benefit (see Disablement Benefit and Child Benefit guidelines), State Pension (Contributory)is not payable concurrently with any other Social Welfare payment. However, from September 2007 it is possible to receive a half rate Carer's Allowance in addition to a State Pension (Contributory) or increase for a qualified spouse/civil partner/cohabitant.
Where a person is also entitled to another pension or benefit but the rate of payment is less than would be payable as a recipient of State Pension (Contributory), the person may opt to receive payment of State Pension (Contributory) at the higher rate. Where a person would be qualified to be paid as a dependant on another person's Contributory Pension but would have an entitlement to State Pension (Non-Contributory) at a higher rate of payment, s/he may opt for payment of pension at the higher rate.
Claims
Under Social Welfare legislation there is a legal onus on a person to apply to the Department for State Pension (Contributory) if s/he believes they may have such an entitlement. Claim form SPC1 should be completed in full i.e. all relevant questions answered, the form signed by the claimant and forwarded to the Department with relevant documentation as indicated below.
A person may, depending on financial circumstances, claim Supplementary Welfare Allowance while awaiting a decision on pension entitlement.
See separate guideline for details of the Supplementary Welfare Allowance Scheme.
Late Claims
Failure to claim pension at pension age may result in loss of pension payment.
From 1st January 2024, the drawdown date a customer specifies may be a maximum of six months prior to the date of receipt of claim.
From 6th April 2012, late claims for State Pension Contributory 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 the failure to claim arose as the result of:
or
A claim to State Pension (Contributory) should be made three months before reaching drawdown date, or, if a person worked in an EU country or a country with which Ireland has a bilateral agreement, six months before reaching drawdown date.
Claims received between the 1 January 1997 and the 6th April 2012
Where a claim to pension is made late i.e. after the age of 66, payment can be backdated up to 12 months from date of receipt of claim provided the relevant qualifying conditions are fulfilled. Further back-dating of payment may be made on a proportional basis e.g. a claim made three years late would attract a full 12 months 17/12/2014 25 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 Claims and Late Claims guideline for fuller details on late claims and circumstances in which payment of pension or allowances may be further backdated.
Documentation
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, evidence of means or income of spouse/civil partner/cohabitant, etc.
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 claimant to knowingly make a false or misleading statement or to provide documents or information which s/he knows 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.
Examination of Claim
A claimant's insurance contribution record is inspected by a Deciding Officer to establish if the social insurance contribution qualifying conditions are satisfied. If there is entitlement to pension, entitlement to any increases/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/phone contact with the claimant and/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.
Decisions
Claims are decided by Deciding Officers appointed by the Minister under Section 299 of the Social Welfare (Consolidation) Act, 2005. They are independent in the exercise of their function in deciding on entitlement to pension.
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 e.g. an increased pension may be awarded where additional contributions are added to the record following investigation.
See "Decision-Making" and ‘Revised Decision’ guidelines for more general information.
Appeals
A person who is dissatisfied with the Deciding Officer's decision e.g. refused award of pension or refused an increase for a spouse/civil partner/cohabitant, 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, D02 XY31 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 s/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.
Payment
Prior to 29 September 2006, if a person reaches the age of 66 on a day other than a Friday then pension is payable from the following Friday i.e. the first Friday following the date of reaching age 66. This also applies to increases in payment of pension. From 29 September 2006, State Pension (Contributory) is payable from the date a person reaches age 66.
Payment Methods
Persons living in the State have the option of having State Pension (Contributory) paid by one of the following methods:
A person may request a change of payment method to a nominated Post Office by notifying the Department in writing.
If they wish to change to EFT payment method this can be done online through mywelfare.ie or in writing.
Persons living outside the State have the option of having State Pension Contributory 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.
Duration of Payment
State Pension (Contributory) is payable for the lifetime of the pensioner. Any increase/allowances are payable as long as the qualifying conditions continue to be satisfied (provided the person is not disqualified for any reason e.g. imprisonment).
After Death Benefits
Where a person receiving a pension dies or a person for whom they were receiving an increase for qualified spouse/civil partner/cohabitant 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 (Contributory) 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 /Surviving Civil Partner Contributory Pension is automatically awarded to the spouse/civil partner (this includes a husband or wife divorced from 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/wife should apply for Widow's Pension in the normal way.
Payment of Widow/er's/Surviving Civil Partner 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/er's/Surviving Civil Partner Contributory Pension.
Separate Payments
Pension is normally paid directly to the pensioner. However, payment of a proportion of State Pension (Contributory) 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 adult is in a hospital or residential home. The payment of pension may be divided equally where the couple are residing together or increase for qualified spouse/civil partner/cohabitant and increase for a qualified child paid separately where the couple reside apart.
See Separate Payments guideline for more general information.
Maintenance
Stop dates are inserted onto the Department's computerised payment system as follows:
Age allowances
Age 80 Allowance: This allowance is included automatically from the pensioner's 80th birthday.
Increase in qualified spouse/civil partner/cohabitant rate at age 66: This increase is included automatically from the qualified spouse/civil partner/cohabitant 66th birthday.
Note: if the 80th or 66th birthday falls on a day other than Friday, then the allowance/increase is payable from the Friday following the 80th or 66th birthday.
Lost/Stolen cheques
See Payment-related issues guideline re action to be taken when a cheque from the Department is lost or stolen. The Department and the Gardaí should be notified immediately of any such loss or theft.
Payment to an agent
A pensioner who is unable to collect their pension at the post office may nominate another person to collect the payment on his/her behalf.
See also Payment-related issues guideline for fuller detail in relation to appointment of agent.
Change of Post Office/Bank, Method of Payment or change of address
The Department should be notified as soon as possible in writing. See Payment-related issues guideline for more detail.
Illness/Hospital Stays
Arrangements may be made for payment of pension where a pensioner is too ill to collect their pension or is detained in hospital. See Payment-related issues guideline for more details.
Absence from the State
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 more information.
Certification of ongoing entitlement
There is an onus on a pensioner to notify the Department of any changes in circumstances that may affect entitlement to pension or entitlement to any increase/allowances.
When a pension is awarded, the pensioner is issued with a list of circumstances which must be notified to the Department. The circumstances are as follows:
Review
A review is initiated when the Department becomes aware of any change in circumstances that may affect entitlement to the pension or any increase or allowance in payment. 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 any increase or allowances.
Suspension/Revocation
Payment of an increase or allowance on pension will be discontinued if the qualifying conditions are no longer satisfied.
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 s/he no longer appears 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 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 his/her behalf.
See also Operational Guidelines: Decision Making and Natural Justice guidelines for more general information.
If an overpayment of pension has occurred, it may be recoverable by the Department. See Overpayment Recovery guideline for more detail.
Paper documents in respect of an application for payment are retained for 10 years +1 after the claim is made inactive (stopped, disallowed, withdrawn, deceased customer etc.).*Return to scheme page.