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1 1981

SOCIAL WELFARE (CONSOLIDATION) ACT, 1981

CHAPTER 8

Retirement Pension

Title to pension.

[1952, s. 25D; 1970, s. 7]

83. —(1) Subject to this Act, a person who has attained the age of 65 years shall be entitled to retirement pension for any period of retirement if he satisfies the contribution conditions in section 84 .

[1974 (No. 2), s. 10]

(2) Subject to section 125 , payment of retirement pension shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an adult dependant.

(3) The periods which shall be regarded for the purposes of this section as periods of retirement shall be specified by regulations.

[1978 AM, s. 13]

(4) For the purposes of this Chapter—

yearly average” means in relation to any claimant the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period commencing either—

(i) on 5th January, 1953, in case the claimant is a man or on 6th July, 1953, in case the claimant is a woman, or

(ii) at the beginning of the contribution year in which the claimant's entry into insurance occurred (if after 5th January, 1953, in the case of a man or 6th July, 1953, in the case of a woman),

(whichever is the later) and ending at the end of the last complete contribution year before the date of the claimant's attaining the age of 65 years.

Conditions for receipt.

[1952, Sch. 4; 1970, Sch.]

84. —(1) The contribution conditions for retirement pension are—

(a) that the claimant has entered into insurance before attaining the age of 55 years,

(b) that the claimant has qualifying contributions in respect of not less than 156 contribution weeks since his entry into insurance, and

(c) that the claimant has a yearly average of not less than 48.

[1952, s. 14]

(2) Regulations may provide for modifications of the meaning of yearly average contained in section 83 (4) or of the contribution conditions set out in this section but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

[1952, s. 66B; 1970, s. 16]

(3) 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 such manner and subject to such conditions and limitations as may be prescribed for the purpose of the satisfaction by him of the contribution conditions for retirement pension.

[1952, s.28B; 1970, s. 10]

(4) Subject to subsection (5), regulations may provide for entitling to retirement pension persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (c) is not satisfied.

(5) Regulations under subsection (4) shall provide that retirement pension payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule , and the rate specified by the regulations may vary with the extent to which the contribution condition set out in subsection (1) (c) is satisfied but any increase of that pension payable under section 86 (1) or section 86 (2) shall be the same as if that condition had been fully satisfied.

Rates of pension.

[1952, s. 14]

85. —Subject to this Part, the weekly rates of retirement pension shall be as set out in column (2) of Part I of the Second Schedule .

Increases (including increases for adult and child dependants).

[1952, s. 26; 1970, s. 8]

86. —(1) The weekly rate of retirement pension shall be increased by the amount set out in column (3) of Part I of the Second Schedule for any period during which—

(a) the beneficiary is living with or wholly or mainly maintaining his wife, or

(b) the beneficiary is wholly or mainly maintaining her husband who is incapable of self-support by reason of some physical or mental infirmity.

[1952, s. 27; 1970, s. 9; 1976, s. 18]

(2) The weekly rate of retirement pension shall be increased by the amount set out in column (4) of Part I of the Second Schedule in respect of a qualified child or each of two qualified children who normally resides or reside with the beneficiary and, in addition, where there are more than two such children, by the amount set out in column (5) of that Part in respect of each such child in excess of two.

[1974 (No. 2), s. 19]

(3) The weekly rate, in the case of a person who has attained pensionable age, of retirement pension shall be increased by the amount set out in column (6) of Part I of the Second Schedule for any period during which—

(i) the beneficiary is so incapacitated as to require full-time care and attention,

(ii) there is residing with the beneficiary for the purpose of providing that care and attention a prescribed relative of the beneficiary, and

(iii) such conditions as may be prescribed are fulfilled.

[1977, s. 14 (2)]

(4) The weekly rate of retirement pension shall be increased by the amount set out in column (7) of Part I of the Second Schedule where the person entitled to the pension has attained pensionable age and is living alone.