Social Welfare Consolidation Act 2005

F726[Entitlement for retirement pension recipients.

113B

113B.—(1) Notwithstanding this Chapter and regulations made under this Chapter and subject to subsection (2), F727[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 16 of this Part.

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

(3) In the case of a person who is in receipt of retirement pension under Chapter 16 of this Part, the weekly rate of pension payable shall be the greater of—

(a) the rate payable in accordance with this Chapter, or

(b) an amount equal to the rate of retirement pension payable in accordance with Chapter 16 of this Part.]

Annotations

Amendments:

F726

Inserted (28.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 12(a), S.I. No. 334 of 2006.

F727

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.

Modifications (not altering text):

C44

Term “retirement pension” in subs. (3) construed (28.09.2006) as a reference to "State pension (transition)" by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(6), S.I. No. 334 of 2006, in circumstances where it was not the subject of specific amendment by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 3.

Renaming of certain social welfare schemes.

4.— ...

(6) Every reference in any Act or in any instrument made under any Act to retirement pension shall be read as a reference to State pension (transition).

Editorial Notes:

E870

Subs. (2) above shown as enacted, notwithstanding purported amendment (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; which was ineffective because the words "retirement pension" did not form part of that subsection.