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Department of Social and Family Affairs - Dispute about Pension Arrears

Year Concluded: 2007

Complaint Details:

A man from County Meath wrote to me about the decision of the Department of Social and Family Affairs to award him a reduced pension (75% rate) on the basis that he had an outstanding unpaid liability for self employed insurance from 1988 to the date on which he qualified for a State Pension (Contributory). I requested his file from the Department and examined it. I noted that the man had made a settlement with the Revenue Commissioners in respect of an outstanding tax liability for the same period. However, after making an enquiry with the Revenue Commissioners, I was informed that the settlement did not cover the outstanding amount of Self Employed PRSI due to the Department of Social and Family Affairs. I also noted that Section 85(1) of the Social Welfare Consolidation Act 1993, provided that all self employed contributions must be paid before those contributions could be taken into account for the purposes of a State Pension (Contributory). On that basis I was unable to help the man in resolving this particular matter. I did, however, note that there were gaps in his social insurance record in the late 1960s. I estimated that if a further 131 previously unrecorded social insurance contributions could be found, he might qualify for a higher rate of pension. I wrote to him about this issue and he provided me with information about his employer during the period in question. I asked the Department to investigate whether replacement contributions were due to him and, following an investigation, the Department decided that he was entitled to replacement contributions which were previously unrecorded, relating to his employment in the State during the period in question. As a result of the newly awarded replacement contributions, the man was awarded a 98% pension backdated to the year 2000. I am pleased to say that my investigation resulted in the payment of arrears in excess of €18,000 to the man.

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