Old Age Non-Contributory

Table of Contents

SWCA 2005

Chapter 4

Old Age (Non-Contributory) Pension (ss. 152-160)
152.

Interpretation.

In this Chapter –

“civil partner”, includes a civil partner whose civil partnership has been dissolved, being a dissolution that is recognised as valid in the State;

“spouse”, includes a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State;

“weekly means” shall, subject to Rule 1(1) of Part 3 of Schedule 3, be the yearly means divided by 52.

153.

Entitlement to pension.

Subject to this Act, a person shall be entitled to State pension (non-contributory) where –

(a)the person has attained pensionable age,

(b)the means of the person as calculated in accordance with the Rules contained in Part 3 of Schedule 3 do not exceed the appropriate highest amount of means at which pension may be paid to that person in accordance with section 156, and

(c)the person is habitually resident in the State.

154. Statutory conditions.
Deleted from 29 September 2006
The statutory conditions for the receipt of an old age (non-contributory) pension by any person are –

(a)the person must have attained pensionable age,

(c)the person must be habitually resident in the State at the date of the making of the application for that pension.

155.

Special conditions for receipt of pension.

Deleted from 29 September 2006
Where a person who has attained pensionable age is in receipt of or entitled to, a widow’s (contributory) pension, widower’s (contributory) pension or old age (contributory) pension or is a person in respect of whom an increase of old age (contributory) pension is payable by virtue of section 112 (1) and would but for section 160 be qualified for the receipt of an old age (non-contributory) pension –

(a)the person may, notwithstanding anything contained in section 160, be paid the old age (non-contributory) pension for any period during which the rate of pension payable would be greater than the rate of widow’s (contributory) pension, widower’s (contributory) pension, old age (contributory) pension or the increase thereof, as the case may be, payable, and

(b)in any case where the old age (non-contributory) pension is so paid, entitlement to widow’s (contributory) pension, widower’s (contributory) pension, old age (contributory) pension or the increase thereof, as the case may be, shall continue but the amount of any such pension or increase payable during any such period shall not be paid to or in respect of the person.

156.

Rate of pension and increase for qualified child.

(1)Subject to section 159, the rate (in this Chapter referred to as ‘the scheduled rate’) of State pension (non-contributory) shall be the weekly rate set out in column (2) at reference 4 in Part 1 of Schedule 4 increased by the appropriate amount set out –

(a)in column (4) of Part 1 of Schedule 4 in respect of each qualified child who has not attained the age of 12 years who normally resides with the claimant or beneficiary, and

(b)in column (5) of Part 1 of Schedule 4 in respect of each qualified child who has attained the age of 12 years who normally resides with the claimant or beneficiary.

(2)

(a)The pension shall be payable where the weekly means of the claimant or beneficiary –

(i)do not exceed €30.00, at the scheduled rate, and

(ii)subject to paragraph (b), exceed €30.00, at the scheduled rate reduced by €2.50 for each amount (if any) of €2.50 by which those weekly means exceed €30.00, any fraction of €2.50 in those weekly means being treated for this purpose as €2.50.

(b)Where the rate calculated under paragraph (a)(ii) at which, but for this paragraph, the pension would be payable is less than €2.50, the pension shall not be payable.

157.

Increases (including increase for one of a couple).

(1)Subject to subsection (2) and section 159, the weekly rate of State pension (non-contributory) payable in accordance with section 156 shall be increased –

(a)by the amount calculated in accordance with Part 2 of Schedule 4 where the beneficiary is living with, or is wholly or mainly maintaining, his or her spouse, civil partner or cohabitant, subject to the restriction that the beneficiary shall not be entitled for the same period to an increase of pension under this paragraph in respect of more than one person,

(b)by the amount set out in column (6) of Part 1 of Schedule 4 where the beneficiary is living alone,

(c)by the amount set out in column (7) of Part 1 of Schedule 4 where the beneficiary has attained the age of 80 years, and

(d)by the amount set out in column (8) of Part 1 of Schedule 4 where the beneficiary is ordinarily resident on an island.

(2)An increase under subsection (1) (a) shall not be payable where the spouse, civil partner or cohabitant is –

(a)in receipt of any benefit, pension, assistance or allowance under Part 2 or this Part, or

(b)entitled to or in receipt of an allowance in respect of participation in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme, or

(c)entitled to or in receipt of an allowance in respect of participation in a scheme administered by the Minister and known as –

(i)Back to Education Allowance, or

(ii)Back to Work Allowance, or

(iii)Back to Work Enterprise Allowance, or

(iv)Part-Time Job Incentive.

(3)The amount of the increase of pension referred to in subsection (1) (a), in respect of any claim for State pension (non-contributory) made after 24 September 2007, shall be paid –

(a)directly to the spouse, civil partner or cohabitant concerned, or

(b)to such other person as may be nominated by the spouse, civil partner or cohabitant for the purpose of receiving the increase of pension referred to in subsection (1) (a) on behalf of the spouse, civil partner or cohabitant.

(4)Where a beneficiary ceases to be entitled to State pension (non-contributory) the payment to a spouse, civil partner or cohabitant of the increase of pension referred to in subsection (1) (a) shall also cease.

158.

Amount of increases payable in respect of qualified child normally resident with beneficiary.

Subject to section 159, the increase payable under section 156 (1) in respect of a qualified child who normally resides with the beneficiary and the spouse, civil partner or cohabitant of the beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse, civil partner or cohabitant of the beneficiary is entitled to any benefit, assistance, allowance (other than supplementary welfare allowance) or any other pension under this Act.

159.

Rate of pension for persons in receipt of other payments.

In the case of a person who is in receipt of blind pension under Chapter 5 of this Part, widow’s (non-contributory) pension, widower’s (non-contributory) pension or surviving civil partner’s (non-contributory) pension under Chapter 6 of this Part, one-parent family payment under Chapter 7 of this Part, a payment referred to in paragraph (b) or (c) of the definition of “relevant payment” in section 178, disability allowance under Chapter 10 of this Part or farm assist under Chapter 11 of this Part, immediately before becoming entitled to State pension (non-contributory), the weekly rate of pension payable shall be the greater of –

(a)an amount equal to the rate of blind pension which was payable in accordance with sections 161B, 161C and 161D immediately before becoming entitled to State pension (non-contributory) and the rate payable in accordance with sections 156, 157 and 158, or

(b)an amount equal to the rate of widow’s (non-contributory) pension, widower’s (non-contributory) pension or surviving civil partner’s (non-contributory) pension which was payable in accordance with section 164 immediately before becoming entitled to State pension (non-contributory) and the rate payable in accordance with sections 156, 157 and 158, or

(c)an amount equal to the rate of one-parent family payment which was payable in accordance with section 174 immediately before becoming entitled to State pension (non-contributory) and the rate payable in accordance with sections 156, 157 and 158, or

(ca)an amount equal to the rate of disability allowance which was payable in accordance with section 211 immediately before becoming entitled to State pension (non-contributory) and the rate payable in accordance with sections 156, 157 and 158, or

(d)an amount equal to the rate of farm assist which was payable in accordance with sections 215 and 216 immediately before becoming entitled to State pension (non-contributory) and the rate payable in accordance with sections 156, 157 and 158.

160.

Disqualifications.

(1)Subject to subsections (2) and (3), a person in receipt of or entitled to widow’s (contributory) pension, widower’s (contributory) pension, surviving civil partner’s (contributory) pension or State pension (contributory) or a person in respect of whom an increase of State pension (contributory) is payable by virtue of section 112(1) shall be disqualified for receipt of State pension (non-contributory).

(2)Notwithstanding subsection (1), a person may be paid State pension (non-contributory) for any period during which the rate of pension payable would be greater than the rate of widow’s (contributory) pension, widower’s (contributory) pension, surviving civil partner’s (contributory) pension, State pension (contributory) or the increase thereof, as the case may be, payable.

(3)Notwithstanding subsection (1), in any case where State pension (non-contributory) is so paid, entitlement to widow’s (contributory) pension, widower’s (contributory) pension, surviving civil partner’s (contributory) pension, State pension (contributory) or the increase thereof, as the case may be, shall continue but the amount of any such pension or increase payable during any such period shall not be paid to or in respect of the person.

Part 8

EU Payments (s. 239)

239.

Certain EU payments – entitlement to island allowance.

Where a person is ordinarily resident on an island and entitled to or in receipt of a payment from another Member State corresponding to a payment under –

(a)section 81, 82, 111, 113, 116, 126, 156, 164 or 174 and he or she has attained pensionable age, or

(b)section 77, 121 or 211,

he or she shall be entitled to a weekly allowance of €12.70 or any amount that may be prescribed.

Part 8A

Certain Payments – Entitlement to Island Allowance (s. 239A)

239A. Certain payments – entitlement to island allowance
Where a person is ordinarily resident on an island and is entitled to or in receipt of a payment from the United Kingdom corresponding to a payment under –

(a)section 81, 111, 113, 116, 126, 156, 164 or 174 and he or she has attained pensionable age, or