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State Pensions

Dáil Éireann Debate, Thursday - 11 May 2023

Thursday, 11 May 2023

Questions (229)

Bernard Durkan

Question:

229. Deputy Bernard J. Durkan asked the Minister for Social Protection when favourable consideration might be given to an application for a State pension (non-contributory) in the case of a person (details supplied); and if she will make a statement on the matter. [22359/23]

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Written answers

State pension (non-contributory) is a means-tested payment for people aged 66 and over, who have a right of residence and habitually reside in the State and who do not qualify for a state pension contributory, or only qualify for a reduced-rate contributory pension based on their social insurance record.

The person concerned applied for state pension non-contributory on 27 February 2023. The file was referred to a Social Welfare Inspector for investigation and a report was submitted to the Deciding Officer on 15 March 2023.

According to the records of the Department, the person concerned first entered insurable employment in Ireland in 2016. In 2017, following representations by the person to proposals by the Minister of Justice to deport them, the Minister for Justice as an exceptional measure granted the person temporary permission to remain in the State, on a Stamp 1 basis, for two years. The residence permit is subject to a range of conditions, including the condition to make every effort to gain employment and not be a burden on the State. The person concerned currently holds a Residence Permit with an expiry date of 12 October 2023.

Taking into account the Stamp 1 conditions as applied by the Department of Justice to the person's temporary residence permit, the Deciding Officer disallowed the person’s state pension (non-contributory) application, as the habitual residency condition was not satisfied. On 18 April 2023, the person concerned was notified in writing of this decision and of their right to request a review of the decision, or to appeal the decision to the independent Social Welfare Appeals Office.

To date, there is no record of the person concerned appealing the decision.

I hope this clarifies the matter for the Deputy.

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