790. Deputy Colm Burke asked the Minister for Social Protection the reason the long-term carer's credit can be counted towards the minimum pension requirements, but HCPS cannot; and to confirm in line with the Programme for Government the actions the Government is taking to amend the legislative provisions so that individuals who have given up their careers to care for others will not be disadvantaged in their old age. [65867/26]

791. Deputy Colm Burke asked the Minister for Social Protection the reason a person with 520 PRSI contributions may rely on the home caring periods scheme to increase their entitlement to a near full State pension (contributory), while a person with substantial HCPS but less than 520 PRSI contributions is denied any benefit from using the HCPS to meet the minimum requirement; and if he will explain the rationale behind this distinction. [65866/26]

792. Deputy Colm Burke asked the Minister for Social Protection the statutory provision which explicitly excludes the home caring period scheme from being counted towards the minimum 520 contribution weeks required under the Social Welfare Consolidation Act 2005; and if no such provision exists, to explain the legal basis on which his Department excludes them. [65865/26]

795. Deputy Colm Burke asked the Minister for Social Protection the action that has been taken to date to examine what modifications or changes may be made to support women who currently fall outside the existing schemes to qualify for a State pension as per the Programme for Government commitment; and the further action that is proposed. [65885/26]

I propose to take Questions Nos. 790, 791, 792 and 795 together.

My Department provides State Pension payments through the State Pension (Contributory), which is a contributory payment based on a person's social insurance record and the State Pension (Non-Contributory) which is means-tested social assistance payment. To receive either a contributory or social assistance payment a person must qualify for that payment in their own right.

The State Pension (Contributory) (SPC) is funded from the Social Insurance Fund through the contributions paid by workers. The rate of payment reflects the number of social insurance contributions paid over a working life. Eligibility for the SPC is based on a number of criteria:

• Being aged 66 or over.

• Having entered the Social Insurance system 10 years before drawdown of the SPC.

• Having a minimum of 520 paid social insurance contributions (i.e., 10 years reckonable PRSI contributions).

• This Government acknowledges the important role that family carers play and is fully committed to supporting them in that role. Accordingly, carers are not excluded from access to the SPC. Once a person has met the minimum requirement of 520 paid contributions, the State Pension system gives significant recognition to those whose work history includes extended periods outside of paid employment, often to raise families or in a full-time caring role including:

• PRSI credits (which include Credits for Carers Benefit and Carers Allowance), and

• Homemaking Disregards and HomeCaring Periods to recognise caring periods of up to 20 years outside of paid employment in the calculation of a payment rate.

• Despite these measures, some long-term carers of incapacitated dependants faced barriers in accessing the SPC.

• The previous Government established the Pensions Commission in November 2020 to review the State Pension system, examine the sustainability of the State Pension and the Social Insurance Fund and make recommendations for its future. The Pensions Commission was also asked to consider how people who have provided long-term care for incapacitated dependents can be accommodated within the State Pension system. The Commission engaged in a public consultation process and had the benefit of presentations from Family Carer’s Ireland and the National Women’s Council in forming its recommendations on the proposals and the period of care.

• The Commission recommended that long-term carers should be given access to the SPC and defined long-term caring as caring for more than 20 years. Setting the criteria of more than 20 years is in recognition of the existing access to SPC for carers who may have up to 20 years of caring periods.

• Since January 2024, long-term carer's contributions can be awarded to a person who has cared for an incapacitated person for a period of 20 years or more. These contributions are treated the same as paid contributions for SPC entitlement only and can be used to fill any gaps in a person's contribution record, including satisfying the minimum 520 contributions required for eligibility.

• Where a person has less than 20 years caring, they may be entitled to avail of up to 20 years HomeCaring periods or the Homemakers scheme or rely on PRSI credits subject to existing qualification conditions of having 520 paid contributions. All caring periods that are registered with my Department will be recorded on a person's contribution record.

• As the actuarial value of the SPC is currently estimated at approximately just under €400,000, it is reasonable to require people claiming a contributory pension to have made at least 520 paid contributions over the term of their working life to qualify for a payment. The Pensions Commission strongly supported the retention of the qualifying criterion of 520 paid contributions.

• Regarding the Deputy’s question as to the statutory provisions which preclude HomeCaring Periods from being used to satisfy the condition of 520 paid contributions, section 109(1)(b)(i) of the Social Welfare Consolidation Act 2005 (as amended) requires that a person has at least 520 qualifying contributions in order to qualify for a SPC. Section 2(1) of the Act defines “qualifying contributions” and this definition includes paid employment and self-employment social insurance contributions. Section 108(2) of the Act further provides that long-term carer’s contributions are qualifying contributions for the SPC. HomeCaring periods are not defined as qualifying contributions and therefore cannot be used to satisfy the condition of 520 qualifying contributions.

• Where a person reaches State Pension age and does not satisfy the conditions to qualify for the SPC or qualifies for less than the maximum rate, they may instead qualify for one of the following:

• The State Pension (Non-Contributory) which is a means-tested payment (based on their share of household means) with a maximum payment of just over 96% of the SPC; or

• An increase for a qualified adult (based on their own means), amounting up to 90% of a full rate SPC where their spouse has a contributory pension; or

• Where their spouse/civil partner or qualified cohabitant is deceased, a Bereaved Partner’s Contributory Pension, which they may claim either based on their deceased partner’s or their own social insurance record. The qualifying conditions for this require fewer contributions paid (260) than the SPC and the current maximum personal rate for those aged 66 or over is €299.30, i.e., the same as the maximum rate of the SPC, with allowances (notably the Living Alone Allowance) payable where applicable.

• The combination of these measures means that no person with a viable income need falls outside these schemes.

• As set out in the Programme for Government, the Department will examine the extent to which the measures already in place are adequate for ensuring that women do not fall outside of the State pension system. To do this the Department will, among other things, consider the trends in social insurance records and payments for women, any other purported barriers to accessing State pension supports for women, and the impact of means testing. This will also have to be done having regard to the overall policy and budgetary context and the sustainability of the Social Insurance Fund.

• I trust this clarifies the matter for the Deputy.