Social Welfare Consolidation Act 2005

SCHEDULE 6

COMMENCEMENT OF CERTAIN PROVISIONS

Disqualification from benefit while absent from State or undergoing imprisonment, etc.

[1995 s22]

1. F1994[]

Miscellaneous amendments.

[1995 (No. 2) s10(4)]

2. F1994[]

Old age (contributory) and retirement pension — extension of entitlement to reduced rate pension and changes in contribution conditions.

3. (1) This Act is amended—

[1997 s12]

(a) in section 109, by substituting the following for subsection (16):

“(16) (a) Subject to paragraph (b), regulations may provide for entitling to F1995[State pension (contributory)] a relevant person who would be entitled but for the fact that the contribution conditions set out in subsection (1)(b) and (c) are not satisfied 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.

(b) For the purposes of paragraph (a) the claimant is required to have qualifying contributions in respect of not less than 260 contribution weeks since his or her entry into insurance and has an aggregate of not less than 520 qualifying contributions and contributions at the rate specified in Article 81(2)(a), 82(2)(a) or 83(2)(a) of the Regulations of 1996.”,

and

(b) in section 115, by substituting the following for subsection (7):

“(7) (a) Regulations may provide, subject to paragraph (b) and subsection (8), for entitling to F1996[State pension (transition)] a relevant person who would be entitled to that pension but for the fact that the contribution conditions set out in subsection (1)(b) and (c) are not satisfied and who, in respect of any period, has been mainly employed 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.

(b) For the purposes of paragraph (a), the claimant is required to have qualifying contributions in respect of not less than 260 contribution weeks since his or her entry into insurance and an aggregate of not less than 520 qualifying contributions and contributions at the rate specified in Article 81(2)(a), 82(2)(a) or 83(2)(a) of the Regulations of 1996.”.

(2) Each provision of this Act mentioned in column (1) of the Table to this section is amended in the manner specified in column (2) of that Table opposite the mention of that provision in column (1).

Table

Provision affected

Amendment

(1)

(2)

Sections 109 and 115

In subsection (1) of each section, substitute the following for paragraph (b):

“(b) that the claimant—

(i) has qualifying contributions in respect of at least 520 contribution weeks, or

(ii) in the case of a person who on or before 6 April 1997, is a voluntary contributor paying contributions under Chapter 4 of Part 2, has an aggregate of qualifying contributions and voluntary contributions in respect of 520 contribution weeks, of which not less than 156 are qualifying contributions, or

(iii) in any other case, has an aggregate of qualifying contributions and voluntary contributions in respect of 520 contribution weeks of which not less than 260 are qualifying contributions,

since his or her entry into insurance,”.

 

Supplementary welfare allowance — transfer of functions.

4. F1997[]

Annotations

Amendments:

F1994

Repealed (17.07.2014) by Social Welfare and Pensions Act 2014 (16/2014), s. 21(a), commenced on enactment.

F1995

Substituted (29.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 1, S.I. No. 334 of 2006.

F1996

Substituted (28.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 3, S.I. No. 334 of 2006.

F1997

Repealed (1.10.2011) by Social Welfare and Pensions Act 2008 (2/2008), s. 18(2) and sch. 1, S.I. No. 496 of 2011.

Editorial Notes:

E2555

Amendment effected by para. 3 came into operation (6.04.2012) by Social Welfare Consolidation Act 2005 (26/2005), s. 364(2)(c).

E2556

Previous affecting provision: para. 4 repealed by Social Welfare and Pensions Act 2007 (8/2007), s. 25(2) and sch. 1, not commenced; repealed (7.03.2008) by Social Welfare and Pensions Act 2008 (2/2008), s. 25(b) and (d), commenced on enactment.