Amendment to an Act or Statutory Instrument SI in relation to Social Welfare entitlem

Re: Amendment to an Act or Statutory Instrument SI in relation to Social Welfare enti

I can assure you there are many people in similar situation. I'm doing the digging on behalf of a group of colleagues. (They have given up).
I've written to the Minister for SW,The Fine Gael spokesperson on SW, The Labour spokesperson on SW, The Ombudsman, The Pension Ombudsman and others. I attended the Pension Green Paper seminar and met many like minded people there.
Of these Roisin Shorthall seemed to have a clearer understanding of the situation and a genuine interest in the topic and sent a list of her Dail questions. However none of her discussions matched with my colleagues. Perhaps you may be interested in contacting her.
We dealt with a lady many years ago who persued her pension for ten years.(I hope yours doesn't take that long) She also had been a civil servant also and eventually got her pension at age 75.

Dr Orla Quinn is head of Pension Policy at Dept of SW. She may be an interesting contact
 
Re: Amendment to an Act or Statutory Instrument SI in relation to Social Welfare enti

The central records records section supplied the Class A records and state that they do not have the class D (civil service records) and they referred me to the Department in which my colleague worked.
That department has no records of the PRSI paid but supplied all personal records which shows that the person worked there between the years x and y but still no actual PRSI records.
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Have you tried contacting the Pensions Section in Personel & Remuneration Division of the Dept of Finance (was old Dept of Public Service in days gone by)? They have pension records relating to retired public servants.
 
Re: Amendment to an Act or Statutory Instrument SI in relation to Social Welfare enti

You certainly have done your work!. I know Roisin well and will be discussing matters with her in any event. I'll take note of Dr. Orla Quinn. What did the ombudsman have to say?. Did you read one of the sample cases where a member of the Garda Siochana was given the wrong information re his pension contribution requirements etc.

Those "many people" should individually send a standard/agreed letter to their local TDs/Minister in order to get the matter resolved. Numbers matter, a concerted approach, in my opinion, is best. Seats have been won and lost by as little as four votes. Pity there isn't a general election soon - amazing how it sharpens the mind. Sorry I may be rambling.

My case is different to those you are looking after. The full contributions were paid before the modified contributions, therefore the time element doesn't come into it.
 
Re: Amendment to an Act or Statutory Instrument SI in relation to Social Welfare enti

csirl
Many thanks for that, hadn't thought of that angle

Justsally
Still not clear on what the problem is with yours or are you under the 260 class A contributions
 
Re: Amendment to an Act or Statutory Instrument SI in relation to Social Welfare enti

Can someone advise me on this. If regulations are being changed in relation to Social Welfare entitlement must reference be made in the amending Act to the specific part of the Act or Statutory Instrument which is being amended - That was my original post.we have less than 260 class A contributions, but sufficent (more than 156) according to the S.I. but not sufficient according to the 1997 Act. Hence my query.

Cheers
 
Re: Amendment to an Act or Statutory Instrument SI in relation to Social Welfare enti

Csirl
Now that I read your post again you say Dept of Finance have pension records of retired civil servants. Perhaps these are civil service pension records. I'll shoot off a letter to them anyhow.
Prior to 1979 civil servants paid a modified rate of contribution known as WOPS (Widows & orphans pensions). I find it difficult to believe that women were obliged to pay these contributions as they could not benefit. They could not be widowed while working (due to the marriage bar) and could not be orphaned, same reason.
 
Re: Amendment to an Act or Statutory Instrument SI in relation to Social Welfare enti

Am I right in this summary then?:

You are asking if a change in the conditions for receipt of a pension (in this case, a change from having 156 contributions paid rather than 260 contributions paid) comes into force as soon as a new act is in place.
 
Re: Amendment to an Act or Statutory Instrument SI in relation to Social Welfare enti

"Am I right in this summary then?:

You are asking if a change in the conditions for receipt of a pension (in this case, a change from having 156 contributions paid rather than 260 contributions paid) comes into force as soon as a new act is in place".......
without reference to the Statutory Instrument which permited 260 paid or credited contributions. The 1997 Act introduced the amendment to read 260 paid contributions without reference to any part of the Statutory Instrument, which was effective between the making of the Original Act and the 1997 Act.
 
Re: Amendment to an Act or Statutory Instrument SI in relation to Social Welfare enti

My understanding is that, if the 156/260 rule was implemented in between Acts by S.I., the new Act incorporates that S.I. into it (not necessarily referring to it). BTW, there is now a SW Consolidation Act 2005!.

In essence, what matters here (and this is only my understanding of it, I might be wrong) is what was the requirement (whether by S.I. or by main act) when the person reached pension age?
 
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Re: Amendment to an Act or Statutory Instrument SI in relation to Social Welfare enti

Now that I read your post again you say Dept of Finance have pension records of retired civil servants.
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They also control the superannuation schemes off all sections of the public service. I'm not sure if they would have data on individuals outside the civil service (though its worth asking as they may), but I'm sure they have information on the rules, any precendents, anomolies etc. that would apply to all sectors of the public service. They also dealt with public sector PRSI policy in the days when public servants paid reduced rate.
 
Re: Amendment to an Act or Statutory Instrument SI in relation to Social Welfare enti

justsally said:
Re. having the matter raised in the House for a written reply just pondering whether to approach a local Labour TD whose party made the amendment, or a Fianna Fail TD whose party continues to promulgate the change.
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IMO, go for a Green or PD TD if you have one, if not, Labour.
 
Re: Amendment to an Act or Statutory Instrument SI in relation to Social Welfare enti

Thanks once again for all the replies.


Sarah re. which party.......I was just thinking our loud not necessarily asking a question of anyone, but thanks for your suggestion.:)
 
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