Social Welfare Consolidation Act 2005

Conditions for receipt.

[1993 s84(1)]

109.—(1) The contribution conditions for old age (contributory) pension are—

(a) subject to subsection (3), that the claimant has entered into insurance before attaining the age of 56 years,

(b) that the claimant has qualifying contributions in respect of not less than 156 contribution weeks since his or her entry into insurance, and

(c) that the claimant has a yearly average or, in the case of a person who attains pensionable age on or after 6 April 1992, an alternative yearly average of not less than 48.

[1997 s12(1)(a)]

(2) In the case of a person, other than a person who on or before 6 April 1997 is a voluntary contributor paying contributions under Chapter 4 of Part 2 , who attained pensionable age on or after 6 April 2002, but before 6 April 2012, subsection (1)(b) shall be read as if “260” were substituted for “156”.

[1993 s84(2)]

(3) (a) In the case of a person who attained the age of 57 years before 1 July 1974, subsection (1)(a) shall be read as if “60” were substituted for “56”.

(b) In the case of a person who attained the age of 57 years on or after 1 July 1974, subsection (1)(a) shall be read as if “58” were substituted for “56”.

(c) In the case of a person who attained the age of 56 years on or after 1 April 1975, subsection (1)(a) shall be read as if “57” were substituted for “56” and paragraph (b) shall not apply on his or her attaining the age of 57 years.

(d) In the case of a person who attained the age of 55 years on or after 1 October 1977, paragraph (c) shall not apply on his or her attaining the age of 56 years and paragraph (b) shall not apply on his or her attaining the age of 57 years.

[1999 s21(a)]

(e) In the case of a person who became a self-employed contributor for the first time on or after 6 April 1988 and was not previously an employed contributor under this Act or the National Health Insurance Acts 1911 to 1952 before becoming so insured, and who on or before 6 April 1988 had attained the age of 56 years but had not attained the age of 62 years, subsection (1)(a) shall be read as if “62” were substituted for “56” for the purposes of qualifying for a pension under subsections (18) and (19).

[1993 s84(3)]

(4) (a) A person who attained the age of 69 years on or after 1 July 1974 but before 5 January 1976 may have his or her entitlement to old age (contributory) pension determined under the Acts relating to social welfare in operation before 1 July 1974 where that would be to the person's advantage.

(b) A person who attained the age of 69 years before 1 July 1974 and has been awarded an old age (contributory) pension under the Acts relating to social welfare in operation before that date shall on and after that date have a right to that pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in his or her case under those Acts.

[1993 s84(4)]

(5) (a) A person who attained the age of 68 years on or after 1 April 1975 but before 3 January 1977 may have his or her entitlement to old age (contributory) pension determined under the Acts relating to social welfare in operation before 1 April 1975 where that would be to the person's advantage.

(b) A person who attained the age of 68 years before 1 April 1975 and has been awarded an old age (contributory) pension under the Acts relating to social welfare in operation before that date shall on and after that date have a right to that pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in his or her case under those Acts.

[1993 s84(5)]

(6) (a) A person who attained the age of 67 years on or after 1 October 1977 but before 1 January 1979 may have his or her entitlement to old age (contributory) pension determined under the Acts relating to social welfare in operation before 1 October 1977 where that would be to the person's advantage.

(b) A person who attained the age of 67 years before 1 October 1977 and has been awarded an old age (contributory) pension under the Acts relating to social welfare in operation before that date shall, on and after that date, have a right to that pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in his or her case under those Acts.

[1993 s84(6)]

(7) Regulations may provide for modifications of the meaning of yearly average contained in section 108 (2) or of the contribution conditions set out in this section.

[1993 s84(7); 1997 s12(1)(b)]

(8) (a) Subject to paragraph (b) and subsection (9), regulations may provide for entitling to old age (contributory) pension a claimant who would be entitled to that pension but for the fact that he or she has a yearly average of less than 48.

(b) For the purposes of paragraph (a), in the case of a claimant who has a yearly average of less than 20, he or she is required to have qualifying contributions in respect of not less than 260 contribution weeks since his or her entry into insurance.

[1993 s84(8); 2001 s27(1)]

(9) Regulations under subsection (8) shall provide, subject to subsection (10), that old age (contributory) pension payable by virtue of those regulations shall be payable at a rate less than that specified in Schedule 2 , and the rate specified by the regulations may vary by reference to the yearly average so calculated, but any increase of that pension payable under section 112 (2) shall be the same as if the claimant had a yearly average of not less than 48.

[2001 s27(1)]

(10) In the case of person who, on 5 April 2001, is entitled to or in receipt of a pension by virtue of regulations under subsection (8) which includes an increase under section 112 (1), subsection (9) shall not operate so as to reduce the rate of the increase payable under section 112 (1) below the rate that may be prescribed.

[1993 s84(9); 1997 s35 & Sch G]

(11) Contributions paid or credited under this Part, or paid, excused or deemed to be or treated as paid under the National Health Insurance Acts 1911 to 1952 (other than, in the case of a person who is not a relevant person, contributions paid by or in respect of a person at the rate specified in Article 81(2)(a), 82(2)(a) or 83(2)(a) of the Regulations of 1996), shall be taken into account in the manner and subject to the conditions and limitations that may be prescribed for the purpose of the satisfaction of the contribution conditions for old age (contributory) pension.

[1993 s84(10)]

(12) Regulations under subsection (11) may also provide for modifications, in the case of persons who were insured under the National Health Insurance Acts 1911 to 1952 or who were absent from the State before 3 October 1960, of any of the contribution conditions for old age (contributory) pension.

[1993 s84(11)]

(13) Where a person, other than in the case of a relevant person, becomes an employed contributor by virtue of paragraph (b) of section 12 (1) and would not, apart from that paragraph, be an employed contributor, his or her entry into insurance by virtue of that paragraph is deemed not to be an entry into insurance for the purposes of subsection (1) and for those purposes the person's entry into insurance is deemed to occur when he or she first becomes an employed contributor by virtue of paragraph (a) of section 12 (1).

[1993 s84(12)]

(14) Subject to subsection (15), regulations may provide for entitling to old age (contributory) pension a person who would be entitled to that pension but for the fact that the contribution condition in subsection (1)(c) is not satisfied where that person, having earlier ceased to be an employed contributor became, as a consequence and at the time of the coming into operation of section 12 of the Social Welfare Act 1973 , an employed contributor in respect of whom contributions reckonable for the purposes of the contribution conditions for entitlement to old age (contributory) pension were payable.

[1993 s84(13)]

(15) Regulations for the purposes of subsection (14) shall provide that old age (contributory) pension payable by virtue of those regulations shall be payable at a rate less than that specified in Schedule 2 , and the rate specified by the regulations may vary with the extent to which the contribution condition in subsection (1)(c) is satisfied.

[1993 s84(14); 1997 s35 & Sch G]

(16) Regulations may provide, subject to subsection (17), for entitling to old age (contributory) pension a relevant person who would be entitled thereto but for the fact that the contribution condition set out in subsection (1)(c) is not satisfied and who does not have an entitlement to an old age (contributory) pension by virtue of Regulation (EEC) No. 1408/711 of the Council of the European Communities or by virtue of a reciprocal arrangement under the provisions of section 287 and who in respect of any period has been 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.

[1993 s84(15); 2001 s37 & Sch F]

(17) Regulations for the purposes of subsection (16) shall provide that old age (contributory) pension payable by virtue of those regulations shall—

(a) be payable at a rate less than that specified in Schedule 2, and the rate specified by the regulations may vary in relation to the proportion to which the number of—

(i) employment contributions paid in respect of or credited to the insured person, and

(ii) self-employment contributions paid by him or her, and

(iii) voluntary contributions paid by him or her,

reckonable for old age (contributory) pension purposes bears to the total number of those employment contributions, self-employment contributions and voluntary contributions, but any increase of pension in respect of a qualified child shall be paid at the rate specified in Schedule 2 ,

and

(b) where the amount calculated in accordance with paragraph (a) is not a multiple of €2.50, be increased to the next multiple of €2.50.

[1999 s21(b)]

(18) Subject to subsection (19), a pension shall be payable in the case of a person who—

(a) became a self-employed contributor for the first time on or after 6 April 1988 and who on or before that date had attained the age of 56 years and who fails to satisfy the contribution conditions in subsection (1)(c) or (8), or

(b) satisfies the contribution condition in section 109 (1)(a) by virtue of subsection (3)(e) and who, but for subsection (3)(e) fails to satisfy the contribution conditions in subsection (1) or (8),

and who has qualifying contributions in respect of not less than 260 weeks since becoming a self-employed contributor.

[1999 s21(b)]

(19) The rate of pension payable in accordance with subsection (18) shall be payable at half the rate specified in column (2) at reference 3 of Part 1 of Schedule 2 and any increases payable under section 112 (1) or (2) shall be payable at half the rate specified in columns (3) and (4) at reference 3 of Part 1 of Schedule 2 .

[1999 s21(b); 2001 s37 & Sch F]

(20) The total amount payable by way of pension in accordance with subsections (18) and (19) shall be rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent and shall be rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.

1OJ No. L149, 5.7.1971, p. 2