asked the Minister for Social Welfare why a person (name supplied) in County Mayo has not been allowed payment of an old age pension.

It was decided by an appeals officer that the person concerned was not entitled to an old age, non-contributory, pension on the ground that he did not fulfil the statutory condition as to residence. This condition requires that a person must have had a total of 15 years' residence in the State of which at least five years were subsequent to his attaining the age of 50 years. The person concerned has not completed five years' residence in the State since he reached the age of 50 years on the 1st October, 1959.

The appeals officer's decision is final save where there are new facts or new evidence, which would warrant its revision. It will be open, however, to the person concerned to make a fresh application in September, 1977, when he will have completed the required five years' residence, provided he remains in the State in the meantime.

Will the Parliamentary Secretary accept that this is a completely new departure in respect of people who emigrated and worked outside this country for a number of years, and may be regarded as permanent migratory workers from the point of view that they are working whole-time in England? I have never found a situation where they have been refused a pension on this basis. Would he accept that this is a departure?

There is no departure. The law, as I have stated it, in regard to residential qualifications has been in existence for many years. However, in regard to the case the Deputy mentions of a person who was born in Ireland, emigrated to Britain and having worked there for many years, returned to Ireland, that person would have acquired rights for pension purposes under his British stamp.

Will the Parliamentary Secretary accept that the practice up to now has been that people from the west who worked in England and come back here after a number of years and apply, when they are eligible, for old age pension are refused payment perhaps on the grounds that their contributory pension from England may be too high? Never have they been refused because they were regarded as aliens in their own country, because they had to look for employment outside the country.

I cannot see how that situation could arise. If a person worked in England for a period of years he would have established an insurance record in England that could be and is taken into consideration here. He would not, in those circumstances, be applying for a non-contributory pension; he would be entitled to a contributory pension. This is in respect of non-contributory pensions only.

Will the Parliamentary Secretary accept that in this case the man maintained a home in Ireland, came home for his annual holiday and as such is, you might say, a permanent migratory worker and therefore should be entitled to claim an old age pension.

No, I have not got the full details of the case but I cannot accept that in the circumstances the Deputy describes. In such a case he would qualify for a contributory pension on his British stamps.

How can that arise?

We must pass on to another question.

In view of the unsatisfactory reply I have got from the Parliamentary Secretary, I would like, with your permission, a Cheann Comhairle, to raise the matter on the Adjournment.

I will communicate with the Deputy.