Social Welfare (Consolidation) Act, 1993

CHAPTER 12

Old Age (Contributory) Pension

Entitlement to pension.

[1981, s. 78(1)]

83.—(1) Subject to this Act, a person shall be entitled to old age (contributory) pension if he has attained pensionable age and satisfies the contribution conditions in section 84.

[1992, s. 10(1)]

(2) In this Chapter—

“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 commencing either—

(a) on the 5th day of January, 1953, in case the claimant is a man, or on the 6th day of 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 (if after the 5th day of January, 1953, in the case of a man, or the 6th day of 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 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 commencing on the 6th day of April, 1979, and ending at the end of the last complete contribution year before the date of his attaining pensionable age.

[1991, s. 27(1); 1993, s. 36(5)]

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

(a) a person who first becomes—

(i) an insured person by virtue of section 9(1) insured for old age (contributory) pension purposes, or

(ii) an insured person by virtue of section 17,

on or after the 6th day of April, 1991, or

(b) a person who fails to satisfy the contribution condition set out in subsection (1)(c) of section 84 and had periods in which he had been—

(i) employed mainly in one or more of the employments specified in Article 5(1), 6(1) or 7(1) of the Social Welfare (Modifications of Insurance) Regulations, 1991 ( S.I. No. 94 of 1991 ), 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.

[1991, s. 23(1)]

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

“entry into insurance” means, subject to section 83(7), in relation to any person whichever occurs first—

(a) the date on which he first becomes an insured person by virtue of section 9(1), except where he becomes an insured person by virtue of paragraph (b) of subsection (1) of the said section 9 only, or

(b) the date on which he first becomes an insured person by virtue of section 17,

and that that date shall be regarded as the date of entry into insurance for the purposes of paragraphs (a) and (c) of section 84(1).

[1991, s. 23(1)]

(5) Notwithstanding subsection (4) 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 the provisions of section 238, may be regarded as the date of entry into insurance.

[1991, s. 23(1)]

(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 day may be regarded as the date of entry into insurance.

[1988, s. 13]

(7) For the purposes of this Chapter, in the case of a person who became a self-employed contributor on the 6th day of April, 1988, and who at any time prior to that date was an employed contributor, the date on which the person first entered into insurance or the 6th day of April, 1988, whichever is the more favourable to him, shall be regarded as the date of entry into insurance:

Provided that 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 paragraphs (a) and (c) of section 84(1).