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State Pension (Contributory) - (EU Pro-rata) Case 2

Question At Issue:

Whether the correct rate of pension had been awarded in light of the appellant’s assertion that she had been in employment for which no social insurance contributions were recorded.

Background:

Under Regulations intended to protect the acquired social security rights of those moving within the European Union and European Economic Area, provisions exist for coordinating rights granted under the legislation of EU Member States. These provisions allow for the aggregation of periods of insurance in order to allow individuals to acquire the right to certain benefits. In this case, the appellant had been awarded a pro-rata Old Age Pension in Ireland, calculated in line with these provisions. She was also in receipt of a pro-rata Retirement Pension from the United Kingdom, calculated on a similar basis. She contended that there were additional periods during which she had worked in Ireland, in respect of which she was entitled to social insurance contributions. Her appeal referred also to aspects of her claim dealt with by the UK authorities.

The appellant’s case had been referred for the attention of the Department of Social and Family Affairs who allowed a further eight social insurance contributions in respect of two periods in 1953 and seventeen contributions in respect of the 1956/57 contribution year. The Appeals Officer noted that no action had been taken in relation to the amended social insurance record and he arranged to have the file referred to the Deciding Officer for urgent review. The Deciding Officer revised his earlier decision and awarded the appellant an increased rate of pension, backdated to her 66th birthday.

Oral Hearing:

The appellant attended, accompanied by her husband. The Deciding Officer attended at the request of the Appeals Officer.

The Appeals Officer outlined the question at issue and the appellant confirmed that she had now been informed of the decision to award an increased rate of pension based on her additional Irish contributions.
The second of the appellant’s grounds for appeal referred to another (UK) National Insurance number having been traced. The Appeals Officer advised her that this issue would be examined in the UK and that, in the event of additional social insurance contributions/credits coming to light, her claim would be reviewed.

The appellant also referred to the arrears of her Irish EU pro-rata pension having been paid direct to the UK authorities and not to her. She contended that while she had been receipt of some income support in addition to her UK pro-rata pension, the amount of pension arrears was in excess of the income support she had received. The Appeals Officer explained the position with regard to Competent Institutions under EC legislation and the requirement that initial claims for benefit and pension be made in the country of residence - in accordance with the requirements of EC Regulation 1408/71 (Article 46). He referred also to the legislative provisions relating to overlapping benefits, including the requirement to send arrears of payment to the Competent institution in the relevant EU state. He advised that his interpretation was that only the amount of income support paid could be recouped, with the balance of arrears being paid to the individual concerned. He told the appellant that he would refer to the matter in his report and the Deciding Officer undertook to raise the issue with the UK authorities.

Consideration of the Appeals Officer:

The Appeals Officer noted that the appellant in this case was satisfied that the additional contributions allowed in respect of her periods of employment in this country had led to a revised decision, increasing the rate of Irish EU pro-rata pension payable. He noted also that she was satisfied that questions regarding her UK National Insurance number and the payment of arrears of Irish pro-rata pension had been to be referred to the UK authorities. He determined that the appeal had, in effect, succeeded.

Outcome:

Appeal allowed.

End of Document