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Ex-Prisoners - Claiming a State Pension in ROI

In the Republic of Ireland there is no official retirement age however 65 is generally regarded as the age at which most people retire. There are three different types of pension available to retired people living in the South and eligibility is dependant on satisfying the qualifying criteria.

The State Pension (Transition) is payable to all people in Ireland aged 65 who have retired from work and who have made sufficient social insurance contributions. It is not means tested. In general you must have been an employee and paying full-rate social insurance contributions. This rule can affect people who have been imprisoned for long-term sentences because convicted prisoners cannot be credited with contributions while they are in custody. Many ex-prisoners will therefore find they have an incomplete Social Insurance record as they approach retirement age. It is important to note that an individual cannot be employed while receiving a State Pension (Transition), however at 66, you will transfer to the State Pension (Contributory) after which you may earn an income from any other source.

The State Pension (Contributory) is payable to people in Ireland from the age of 66 who have made sufficient social insurance contributions. It is not means tested and you may also have income from any other source while receiving it. You must contact your local social welfare office to clarify exactly how much you may be entitled to.

In the case where an ex-prisoner has not paid sufficient contributions to qualify for either the State Pension (Transition) or the State Pension (Contributory) they may qualify for a State pension (Non-Contributory). This is a means tested pension for people aged 66 or over who have not made sufficient Social Insurance contributions during their working life. In order to qualify you must:
• Be ordinarily resident in Ireland
• Be aged 66 or over
• Have a valid Personal Public Service Number (PPS No.)
• Satisfy a means test

In order to apply for a State Pension (Non-Contributory) you must complete an application form available from your local post office, social welfare office or the Department of Social and Family Affairs.

If you do not have sufficient contributions to qualify for a State Pension (Contributory) it is possible to make voluntary contributions. Voluntary contributions can help maintain your social insurance record and help you to qualify for social insurance payments in the future. However, in order to be eligible to make voluntary contributions you must apply within 12 months after the end of the last completed tax year (contribution year) during which you  paid compulsory insurance or you were last awarded a credited contribution. This option is therefore unlikely to be of benefit to ex-prisoners especially those serving long-term sentences. 

It is also important to note that if a person has worked and made Social Insurance contributions in countries other than Ireland it may be possible to combine these contributions in order to qualify for a pension. People approaching retirement age should normally claim for a pension in their country of residence therefore, anyone living in the Republic Ireland should apply to the Department of Social and Family affairs. The Department must then determine whether or not sufficient social insurance contributions have been made to qualify for either the State pension (transition) or State Pension (contributory). Where insufficient contributions have been made European Union legislation allows contributions from other member states to be combined in a process known as aggregation. Therefore, contributions made in different member states can be combined on a pro-rata basis. As any such contributions made in Northern Ireland could enhance the rate of an Irish pension and vice versa. This same procedure applies in reverse if a claim for pension is made by a frontier worker living in Northern Ireland who has worked in the South.

The rules surrounding eligibility are complex and it is advisable to seek specialist advice. If you have a more specific query please click on this link to email the Borderwise Cross Border adviser.


© Northern Ireland Association of Citizens Advice Bureaux (NIACAB) 2009

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