State Pension Contributory

8 March 2018

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For Written Answer on : 08/03/2018 

Question Number(s): 559 Question Reference(s): 11051/18 

Department: Employment Affairs and Social Protection 

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QUESTION 

To ask the Minister for Employment Affairs and Social Protection the section of legislation which requests persons in receipt the State pension (contributory) to provide bank statements and supporting documentation for dependents as part of a means test; and if she will make a statement on the matter. 

- Brendan Ryan. 

 

REPLY

Minister for Employment Affairs and Social Protection (Regina Doherty T.D): 

The State Pension (Contributory) is paid to people from the age of 66 who have paid sufficient social insurance (PRSI) contributions. It is not a means-tested payment.  

Under Section 112 of the Social Welfare Consolidation Act 2005 (as amended), a person receiving State Pension (Contributory) may get an increase for an adult dependant (called a qualified adult). Section 2 (2) of the same Act sets out the definition of a qualified adult as “a spouse, civil partner, or cohabitant of that person who is wholly or mainly maintained by that person.…“ and also provides a number of limitations and clarifications of this definition. Further clarification of the definition of a qualified adult is contained in Articles 6 and 7 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations, 2007, and amending regulations. This specifies that, in order to be regarded as a qualified adult, the spouse, civil partner or cohabitant must have a weekly income below a specified income limit. This limit is currently set at €100 per week for the maximum rate of payment, with tapered rates where the qualified adult has income above this level. To qualify for the increase for a qualified adult, the customer must provide sufficient evidence to prove that s/he is wholly or mainly maintaining the spouse, or partner or co-habitant, as well as evidence of the spouse, partner or cohabitant’s income.  

Article 181 (1) of the Social Welfare (Consolidated Claims, Payments and Control) Regulations, 2007 (Statutory Instrument No 142 of 2007) states that “every claimant shall furnish such certificates, documents, information and evidence as may be required by an officer of the Minister for the purposes of deciding the claim and in any particular class of case, shall, for the purposes of making any such claim, attend at such office or place as an officer of the Minister may direct.” 

I hope this clarifies the matter for the Deputy,