Written answer
Social Welfare Eligibility
2017. Deputy Seán Kyne asked the Minister for Social Protection if he will clarify the policy rationale for a situation (details supplied) in which delaying a claim for benefit payment could result in eligibility, whereas claiming earlier results in disqualification. [57147/26]
Comment on this
2018. Deputy Seán Kyne asked the Minister for Social Protection the details of the legislation in relation to eligibility for benefit payment for 65 year olds (details supplied). [57148/26]
Comment on this
2019. Deputy Seán Kyne asked the Minister for Social Protection whether section 68H (2) of the Social Welfare Act 2005 (amended) should be applied for a claim for the benefit payment for 65-year-olds (details supplied); and if he will make a statement on the matter. [57149/26]
Comment on this
I propose to take Questions Nos. 2017 to 2019, inclusive, together.
The Benefit Payment for 65 Year Olds is provided for under the Jobseeker’s Benefit and Jobseeker’s Benefit (Self-Employed) legislative schemes. It was introduced to address the position of people who are required to or choose to retire at age 65 before being eligible for the State Pension at age of 66. The payment is designed to bridge the gap for people who retire from employment or self-employment at age 65 until they qualify for the State Pension at age 66. To be eligible for the payment a person must satisfy the qualifying conditions of the scheme including the PRSI social insurance contribution requirements, which demonstrates a recent attachment to the workforce.
For persons who were previously employed, the payment is provided for under Sections 62 to 68A of the Social Welfare Consolidation Act 2005, as amended and Articles 44 to 52 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007, as amended. For persons who were previously self-employed, the payment is provided or under Sections 68B to 68K of the Social Welfare Consolidation Act 2005, as amended and Articles 52A to 52HB of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007, as amended.
To be eligible for the payment a person must satisfy the qualifying conditions of the relevant scheme including the PRSI social insurance contribution requirements. As with all claims made under Jobseeker's Benefit or Jobseeker's Benefit (Self-Employed), entitlement to Benefit Payment for 65 Year Olds is based on PRSI contributions and earnings in the Governing Contribution Year. The Governing Contribution Year is the second-last complete tax year before the year in which a claim is made.
Where a person exhausts their entitlement to Jobseeker's Benefit (Self-Employed), in order to requalify for a payment, in accordance with Section 68H of the Social Welfare Consolidation Act 2005, the person must have qualifying contributions in respect of 52 self-employment contribution weeks since the last week for which he or she was entitled to that benefit, and a minimum of 12 months must have elapsed since the last week for which he or she was entitled to that benefit.
Benefit Payment for 65 Year Olds is paid between a person’s 65th and 66th birthday as long as that person continues to satisfy the conditions for the payment.
A person who does not meet the conditions for Benefit Payment for 65 Year Olds may be eligible for the means-tested Jobseeker's Allowance scheme.
I understand that the Deputy has submitted representations to my Department in relation to an individual's application for Benefit Payment for 65 Year Olds. Officials in the Department are examining this case and the issues raised by the Deputy's representation and a reply will issue through the representation process.