Social Welfare Consolidation Act 2005
Conditions for receipt.
[1993 s89(1)]
115.—(1) The contribution conditions for F734[State pension (transition)] are—
(a) that the claimant has entered into insurance before attaining the age of 55 years,
F735[(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,]
(c) that the claimant has a yearly average or in the case of a person who attains the age of 65 years on or after 6 April 1992 an alternative yearly average of not less than 48.
F736[(1A) In the case of a person who attained the age of 65 years before 6 April 2002, subsection (1) shall be read as if the following condition were substituted for the condition in paragraph (b):
‘(b) that the claimant has qualifying contributions in respect of not less than 156 contribution weeks since his or her entry into insurance,’.]
[1997 s12(3)(a)]
F737[(2) In the case of a person, other than a person who on or before 6 April 1997 is a voluntary contributor paying contributions under Chapter 4 of Part 2, who attained the age of 65 years on or after 6 April 2002, but before 6 April 2012, subsection (1) shall be read as if the following condition were substituted for the condition in paragraph (b):
‘(b) that the claimant has qualifying contributions in respect of not less than 260 contribution weeks since his or her entry into insurance,’.]
[1993 s89(2)]
(3) Regulations may provide for modifications of the meaning of “yearly average” contained in section 114(3) or of the contribution conditions set out in this section.
[1993 s89(3)]
(4) Contributions paid under the National Health Insurance Acts 1911 to 1952 by or in respect of an employed contributor may be taken into account in the manner and subject to the conditions and limitations that may be prescribed for the purpose of the satisfaction by the employed contributor of the contribution conditions for F734[State pension (transition)].
[1993 s89(4)]
(5) Subject to subsection (6), regulations may provide for entitling to F734[State pension (transition)] a claimant who would be entitled to that pension but for the fact that he or she has a yearly average of less than 48.
[1993 s89(5)]
F738[(6) Regulations under subsection (5) shall provide that State pension (transition) payable by virtue of those regulations shall, subject to subsection (6A), be payable at a rate less than that specified in Schedule 2, and the rate specified by the regulations may vary by reference to the yearly average so calculated, but any increase of that pension payable under section 117(2) shall be the same as if the claimant had a yearly average of not less than 48.]
F739[(6A) In the case of person who, on 31 December 2012, is entitled to or in receipt of a pension by virtue of regulations under subsection (5) which includes an increase under section 117(1), subsection (6) shall not operate so as to reduce the rate of the increase payable under section 117(1) below the rate that may be prescribed.]
[1993 s89(6); 1997 s35 & Sch G]
F740[(7) (a) Regulations may provide, subject to paragraph (b) and subsection (8), for entitling to F734[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.]
[1993 s89(7); 2001 s37 & Sch F]
(8) Regulations for the purposes of subsection (7) shall provide that F734[State pension (transition)] payable by virtue of those regulations shall—
(a) be payable at a rate less than that specified in Schedule 2, and the rate specified by the regulations may vary in relation to the proportion to which the number of—
(i) employment contributions paid in respect of or credited to the insured person, and
(ii) voluntary contributions paid by the insured person,
reckonable for F734[State pension (transition)] purposes bears to the total number of those employment contributions, self-employment contributions and voluntary contributions, but any increase of pension in respect of a qualified child shall be paid at the rate specified in Schedule 2,
and
F741[(b) where the amount calculated in accordance with paragraph (a) is a multiple of 5 cent but not also a multiple of 10 cent, be rounded up to the nearest 10 cent, and where the amount is not a multiple of 5 cent or 10 cent, be rounded to the nearest 10 cent.]
Annotations
Amendments:
F734
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.
F735
Substituted (6.04.2012) by Social Welfare Consolidation Act 2005 (26/2005), sch. 6 para. 3(2), commenced as per s. 364(2)(c).
F736
Inserted (6.04.2012) by Social Welfare Act 2011 (37/2011), s. 5(2)(a), commenced as per subs. (3).
F737
Substituted (6.04.2012) by Social Welfare Act 2011 (37/2011), s. 5(2)(b), commenced as per subs. (3).
F738
Substituted (1.01.2013) by Social Welfare Act 2012 (43/2012), s. 9(1)(a), commenced as per subs. (2).
F739
Inserted (1.01.2013) by Social Welfare Act 2012 (43/2012), s. 9(1)(b), commenced as per subs. (2).
F740
Substituted (6.04.2012) by Social Welfare Consolidation Act 2005 (26/2005), sch. 6 para 3(1)(b)—as amended (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—commenced as per s. 364(2)(c).
F741
Substituted (28.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 14, S.I. No. 334 of 2006.
Modifications (not altering text):
C45
Term "entry into insurance" in subs. (1) construed (25.03.2014) by European Union (Transfer of Pension Rights to and from Pension Scheme of European Union’s Institutions) Regulations 2014 (S.I. No. 153 of 2014), art. 17, in effect as per art. 2. {Note the text of article 15(1) and related articles appears in a C-Note following s. 6.}
Date of entry into insurance in certain circumstances.
17. Notwithstanding section 2(1) and Chapters 15, 16 and 18 of Part 2 of the Principal Act, where—
(a) contributions are treated as paid in respect of a relevant person in accordance with article 15(1), and
(b) before becoming a relevant person, that person—
(i) has not been an employed contributor or a self-employed contributor, or
(ii) has been an employed contributor by virtue of section 12(1)(b) of the Principal Act only,
“entry into insurance” in relation to that person means the first day of the earliest contribution year in respect of which contributions are treated as paid in accordance with article 15(1) and that date shall be regarded as the date of entry into insurance for the purposes of sections 109(1), 115(1) and 125 of the Principal Act.
Editorial Notes:
E874
Power pursuant to subs. (5) exercised (1.01.2013) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 12) (Reduced Rates) Regulations 2012 (S.I. No. 573 of 2012), arts. 6 and 7(f)—which insertedSocial Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 70A and substituted sch. 10—in effect as per art. 3, subject to saver in art. 75.
E875
Power pursuant to subs. (7) exercised (1.01.2013) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 12) (Reduced Rates) Regulations 2012 (S.I. No. 573 of 2012), art. 7(c)—which amendedSocial Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 72—in effect as per art. 3.
E876
Power pursuant to subs. (5) exercised (1.09.2012) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Reduced Rates) Regulations 2012 (S.I. No. 321 of 2012), arts. 9, 10, 12(a), 12(b), 12(e) and schs. 1, 2 and 5—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 71 and sch. 10, and inserted art. 71A—in effect as per art. 3, subject to saver in art. 75; amended as per Table below.
E877
Power pursuant to subs. (7) exercised (12.12.2007) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Entitlement to Pro-rata State Pension) Regulations 2007 (S.I. No. 860 of 2007), art. 4, which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 72.
E878
Power pursuant to subs. (4) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 18 and 69, in effect as per art. 2.
E879
Power pursuant to subs. (7) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 72 and 73, in effect as per art. 2, subject to saver in art. 75.
E880
Previous affecting provision: power pursuant to subs. (7) exercised (1.09.2012) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Reduced Rates) Regulations 2012 (S.I. No. 321 of 2012), art. 11(c)—which amendedSocial Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 72—in effect as per art. 3; substituted (1.01.2013) as per E-Note above.
E881
Previous affecting provision: power pursuant to subs. (5) exercised (1.01.2009) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (Increase in Rates) Regulations 2008 (S.I. No. 601 of 2008), art. 6(d) and sch. 7—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 10—commenced as per art. 2(e); substituted (1.09.2012) as per E-Note above.
E882
Previous affecting provision: power pursuant to subs. (5) exercised (3.01.2008) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Increase in Rates) Regulations 2007 (S.I. No. 862 of 2007), art. 7(d) and sch. 3—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 10—commenced as per art. 2(e); substituted (1.01.2009) as per E-Note above.
E883
Previous affecting provision: power pursuant to subs. (3) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 74, in effect as per art. 2; deleted (1.01.2013) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 12) (Reduced Rates) Regulations 2012 (S.I. No. 573 of 2012), art. 8(d), in effect as per art. 3.
E884
Previous affecting provision: power pursuant to subs. (5) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 71 and sch. 10, in effect as per art. 2; sch 10 substituted (3.01.2008) as per E-Note above; art. 71 substituted (1.09.2012) as per E-Note above.
E885
Previous affecting provision: power pursuant to subs. (5) exercised (4.01.2007) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 14) (Increase in Rates) Regulations 2006 (S.I. No. 692 of 2006), art. 8(d) and sch. 7—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), sch. 7—in effect as per art. 2(e); revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.
E886
Previous affecting provision: power pursuant to subs. (5) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), arts. 6(g), 25(a), 25(d) and sch. 7—which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 47, deleted sch. E and inserted sch. 7—in effect as per art. 2; sch. 7 substituted (4.01.2007) as per E-Note above; art. 47 revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.
E887
Previous affecting provision: subs. (6) amended (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; substituted (1.01.2013) as per F-Note above.
E888
Previous affecting provision: subs. (7) amended (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; substituted (6.04.2012) as per F-Note above.
E889
Previous affecting provision: power pursuant to subs. (5) exercised (5.01.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Increase in Rates) Regulations 2005 (S.I. No. 880 of 2005), art. 6(e) and sch. 8—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), sch. E—in effect as per art. 2(e);
E890
Previous affecting provision: power pursuant to statutory precursor of subs. (3) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 50, in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.
E891
Previous affecting provision: power pursuant to statutory precursor of subs. (4) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), arts. 10 and 45, in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.
E892
Previous affecting provision: power pursuant to statutory precursor of subs. (5) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 47 and sch. E, in effect as per art. 2, subject to saver in art. 51; sch. E substituted (6.01.2005) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations 2004 (S.I. No. 850 of 2004), art. 6(e) and sch. 8, in effect as per art. 2(e), having previously been substituted on multiple occasions the details of which are omitted from this revision; continued in force (1.12.2005) by s. 362(2) as if made under this Act; sch. E substituted (5.01.2006) as per E-Note above; art. 47 substituted (1.11.2006) as per E-Note above.
E893
Previous affecting provision: power pursuant to statutory precursor of subs. (7) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), arts. 48 and 49, in effect as per art. 2, subject to saver in art. 51; amended as per Table below; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.
Table
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• amended (3.01.2002) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Euro) Regulations 2001 (S.I. No. 614 of 2001), art. 4 and sch., in effect as per art. 3(e). • amended (5.04.2001) by Social Welfare (Consolidated Payments Provisions) (Amendment) (Increase in Rates) Regulations 2001 (S.I. No. 99 of 2001), art. 5(h), in effect as per art. 2(1)(e). • amended (17.05.1996) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) Regulations 1996 (S.I. No. 143 of 1996), art. 3. |