Social Welfare Consolidation Act 2005

F716[Entitlement for invalidity pension recipients.

113A

113A.(1) Notwithstanding this Chapter and regulations made under this Chapter F717[, and subject to subsection (1A),] F718[State pension (contributory)] shall be payable in accordance with this section in the case of a person who

(a) has attained pensionable age, and

(b) immediately before attaining pensionable age is in receipt of a payment under Chapter 17 of this Part.

F719[(1A) In the case of a person who, on the date of passing of the Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025, has attained pensionable age and is in receipt of a payment under Chapter 17 of this Part, the following shall apply on and after that date:

(a) invalidity pension shall cease to be payable, and

(b) State pension (contributory) shall be payable in accordance with this section.]

(2) Only one pension shall be payable to or in respect of a person under this Chapter.

(3) F720[Subject to subsections (4) F721[, (4A), (4B)]and (6),] F718[State pension (contributory)] payable under this section shall be payable F722[in accordance with the age referenced rate for age 66 years specified in section 111.]

(4) Where a person in receipt of invalidity pension under Chapter 17 of this Part attains pensionable age and becomes entitled to a pension under this section and to a pension from another Member State, the weekly rate of pension payable shall be the greater of

(a) the amount of pension payable, calculated in accordance with Chapter 2 or 3, as the case may be, of Title III of Regulation (EEC) No. 1408/711 of the Council of the European Communities,

(b) the rate of invalidity pension otherwise payable in accordance with Chapter 17 of this Part.

F723[(4A) Where a person in receipt of invalidity pension under Chapter 17 of this Part attains pensionable age and becomes entitled to a pension under this section and to a pension from the United Kingdom, the weekly rate of pension payable shall be the greater of

(a) the amount of pension payable, calculated in accordance with the arrangement made with the United Kingdom on 1 February 2019, or

(b) the rate of invalidity pension otherwise payable in accordance with Chapter 17 of this Part.

(4B) In the case of a person to whom both subsections (4) and (4A) applies, the weekly rate of pension payable shall be the greater of either of the amounts calculated under each such subsection.]

(5) The weekly rate of F718[State pension (contributory)] payable under this section shall be increased by

(a) the amount set out in column (3) at reference 3 in Part 1 of Schedule 2 for any period during which the beneficiary has a qualified adult, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of pension under this subsection in respect of more than one person,

F724[(b) the amount set out

(i) in column (4) at reference 3 of Part 1 of Schedule 2 in respect of each qualified child who has not attained the age of 12 years who normally resides with the beneficiary, and

(ii) in column (5) at reference 3 of Part 1 of Schedule 2 in respect of each qualified child who has attained the age of 12 years who normally resides with the beneficiary,]

(c) the amount set out in column (6) at reference 3 in Part 1 of Schedule 2 where the beneficiary is living alone,

(d) the amount set out in column (7) at reference 3 in Part 1 of Schedule 2 where the beneficiary has attained the age of 80 years, and

(e) the amount set out in column (8) at reference 3 in Part 1 of Schedule 2 where the beneficiary is ordinarily resident on an island.]

F725[(6) Where a person, who is in receipt of invalidity pension under Chapter 17 of this Part at a reduced rate by virtue of a reciprocal arrangement under section 287, attains pensionable age and is not entitled to a pension under section 108 by virtue of his or her contributions under this Act, the weekly rate of pension payable shall be the greater of

(a) the amount of invalidity pension which would be payable but for this section, calculated in accordance with the relevant reciprocal arrangement, or

(b) the rate of State pension (contributory) payable in accordance with a relevant reciprocal arrangement.]

Annotations

Amendments:

F716

Inserted (28.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 11(a), S.I. No. 334 of 2006.

F717

Inserted (21.07.2025) by Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025 (8/2025), s. 19(a)(i), commenced on enactment.

F718

Substituted (28.09.2006) 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.

F719

Inserted (21.07.2025) by Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025 (8/2025), s. 19(a)(ii), commenced on enactment.

F720

Substituted (30.03.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 15(a), commenced on enactment.

F721

Inserted (31.12.2020 at 11.00 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 102(a)(i), S.I. No. 699 of 2020.

F722

Substituted (1.01.2024) by Social Welfare (Miscellaneous Provisions) Act 2023 (37/2023), s. 49, commenced as per s. 1(3).

F723

Inserted (31.12.2020 at 11.00 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 102(a)(ii), S.I. No. 699 of 2020.

F724

Substituted (29.03.2019) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 17 and sch. 1 item 11, S.I. No. 116 of 2019.

F725

Inserted (30.03.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 15(b), commenced on enactment.

Editorial Notes:

E869

Previous affecting provision: subs. (3) amended and subs. (4A) and (4B) inserted by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019), s. 85(a), not commenced; repealed (17.12.2020) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 4(a), S.I. No. 634 of 2020.