Foilsiú
Operational Guidelines: Invalidity Pension
Foilsithe
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Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Ireland / United Kingdom Social Security arrangements from 1 January 2021
The European Union and the United Kingdom agreed a Trade and Cooperation Agreement which contains a Protocol on Social Security to take effect from 1 January 2021. The Protocol provides for a wide range of social security issues into the future. On the 31 December 2020, the Convention on Social Security agreed between Ireland and the United Kingdom was commenced. Together these Agreements ensure, that all existing social security arrangements for Irish and UK citizens are maintained into the future. Ireland as an EU Member State, will extend on a unilateral basis the advantages of the Convention to Union citizens, as required.
For Brexit-related information see:
For information on social welfare entitlements see:
Invalidity Pension is a pension paid to people who are permanently incapable of work because of illness or disability. It is based on a claimant's social insurance contributions and the personal rate of payment is not means tested.
The main provisions relating to Invalidity Pension are in:
New applications for pensions are dealt with by Invalidity Awards Section.
Payment of awarded pensions is dealt with by Invalidity Payments Section.
Review of entitlement to the Pension is dealt with by Invalidity Payments Section and Control Section.
All the above Sections are based at:
To qualify for award of Invalidity Pension a claimant must satisfy both medical conditions and PRSI contributions as follows:
A qualifying condition for receipt of Invalidity Pension is that a claimant must be regarded as being permanently incapable of work.
A person is regarded as being permanently incapable of work if immediately before the date of claim for the said pension;
a) He or she has been continuously incapable of work for a period or one year and it is shown to the satisfaction of a deciding officer or an appeals officer that the person is likely to continue to be incapable of work for at least a further year
or
b) He or she is incapable of work and evidence is adduced to establish to the satisfaction of a deciding officer or an appeals officer that the incapacity for work is of such a nature that the likelihood is that the person will be incapable of work for life.
The contribution conditions for Invalidity Pension are that before the relevant date* the claimant has:
a) Qualifying contributions in respect of not less than 260 contribution weeks since his or her entry into insurance and
b) Qualifying contributions or credited contributions in respect of not less than 48 contribution weeks in the last complete contribution year before that date in the last or second last complete contribution year before that date.
Only class A, E, H and S contributions count for Invalidity Pension.
You cannot use voluntary contributions to satisfy the PRSI conditions for Invalidity Pension.
On 1 December 2017, Invalidity Pension was extended to the self-employed.
Note The relevant date is:
a) Any date after the completion of one year of continuous incapacity for work,
or
b) Any lesser period that may be prescribed, subject to the conditions and in the circumstances that may be prescribed
Where the insured person has entered into a continuous period of incapacity for work and he or she is subsequently proved to be permanently incapable of work.
Invalidity pensions are covered by Article 44 – 49 of EU Regulation 883/04 on the coordination of social security systems. For the purposes of the regulations, Invalidity Pension or benefits paid by the Member States are classed as Type A or B depending on the manner in which pensions are calculated under each country’s national legislation. Ireland is classed as a Type A country.
Where a claimant has worked in both Ireland and another 'Type A' country, the State where the claimant's incapacity for work followed by invalidity occurred must pay the full Invalidity Pension, once the claimant satisfies the qualifying criteria.
Chapter 4, Article 48 (4) of EU Regulation 883/04 provides for the re-calculation of a person’s entitlement to Invalidity Pension if they attain pension age in the other member state before reaching State Pension age in Ireland. (See pro-rata calculation under Awards)
Where a claimant has worked in both Ireland and another ‘Type B’ country, or a country with which Ireland has a Bilateral Social Welfare Agreement, the rate of pension is determined on a Pro-Rata basis. This means that each country pays a partial pension, based on a formula which uses the contribution record from both countries. (See pro-rata calculation under Awards).
The minimum requirement is that a claimant must have at least 52 contributions /credits in Ireland with at least one of these a paid contribution.
Ireland has Bilateral Agreements in place with Australia, Canada, USA, New Zealand, Quebec, Austria, UK, Japan, Republic of Korea and Switzerland. (Note: Switzerland was added with effect from 1 July 1999 and a subsequent agreement effective from June 2002 maintained entitlements)
| Type A Countries | Type B Countries |
| CZECH REPUBLIC: Full disability pension for persons whose total disability arose before reaching 18 years of age and who were not insured for the required period (Section 42 of the Pension Insurance Act No 155/1995 Coll.) From: 28/4/06 | AUSTRIA |
| FINLAND: National Pensions to persons who are born disabled or become disabled at an early age (the National Pension Act, 568/2007); Invalidity pensions determined according to transitional rules and awarded prior to 1 January 1994 (Act on Enforcement of the National Pensions Act, 569/2007). From 1/5/10 | BELGIUM from 1/5/10 |
| GREECE: Legislation relating to the agricultural insurance scheme (OGA), under Law No 4169/1961 | BULGARIA |
| HUNGARY From 01/01/12 | CYPRUS |
| IRELAND: Part 2, Chapter 17 of the Social Welfare Consolidation Act 2005 1/10/72 | CZECH REPUBLIC:For all other pensions not mentioned under Type A |
| SWEDEN: Income-related sickness benefit and activity compensation (Act 1962:381 as amended by Act 2001:489) From 28/4/06 | DENMARK |
| UNITED KINGDOM: (a) Great Britain - Sections 30A(5), 40, 41 and 68 of the Contributions and Benefits Act 1992 (b) Northern Ireland - Sections 30A(5), 40, 41 and 68 of the Contributions and Benefits (Northern Ireland) Act 1992 | ESTONIA: Claims to be treated as Type B unless informed otherwise by Estonian Authorities. If type A then from 1/5/04 |
| FINLAND: For all other pensions not mentioned under Type A | |
| FRANCE: From 1/5/10 | |
| GERMANY | |
| GREECE: For all other pensions not mentioned under Type A | |
| ICELAND | |
| ITALY | |
| LATVIA: Claims to be treated as Type B unless informed otherwise by Latvian Authorities. If Type A then from 1/5/04 | |
| LIECHTENSTEIN | |
| LITHUANIA | |
| LUXEMBOURG | |
| MALTA | |
| NETHERLANDS from 1/5/10 | |
| NORWAY | |
| POLAND | |
| PORTUGAL | |
| ROMANIA | |
| SLOVAKIA: Type A from 1/1/07 to 30/4/10, Type B from 1/5/10 | |
| SLOVENIA | |
| SPAIN: From 1/1/08 | |
| SWEDEN:For all other pensions not mentioned under Type A | |
| SWITZERLAND |
1. A person may be disqualified from receiving Invalidity Pension if he/she fails without good cause to:
2. Permission may be granted to do rehabilitative/training courses OR voluntary work while in receipt of Invalidity Pension. Written permission must be obtained from Invalidity Payments section prior to commencement of rehabilitative/training courses OR voluntary work.
3. A claimant must not engage in paid employment or self-employment while in receipt of Invalidity Pension. Eligibility for Partial Capacity Benefit must be determined prior to taking up paid employment or self-employment.
Since 1 July 2009 exemptions have not been granted for self-employment, please see Back to Work Enterprise Allowance Scheme.
A CLAIMANT MUST CONTACT THE DEPARTMENT PRIOR TO TAKING UP ANY FORM OF EMPLOYMENT OR COMMENCING A COURSE/TRAINING. FAILURE TO OBSERVE THE ABOVE CAN LEAD TO THE DISALLOWANCE OF THE PENSION AND TO LEGAL PROCEEDINGS.
Note: From 16 January 2012, NEW participants on CE are not permitted to simultaneously claim another social welfare payment while on CE.
In considering an application, the Deciding Officer will determine whether the work concerned is voluntary within the meaning of the scheme and whether the claimant would continue to satisfy the statutory conditions for receiving Invalidity Pension. An Invalidity Pension claimant, taking up Voluntary Work, is still regarded by the Department as being incapable of work.
While it is not possible to lay down hard and fast rules as to what constitutes voluntary work the position should be clear in most cases. Factors to be taken into account will include:
The voluntary work would normally involve only a few hours a day or a few days a week but full-time involvement in voluntary activities would not necessarily be ruled out. However, there should be no implication of Job Replacement or Cheap Labour. Any payment for the voluntary work should generally be limited to out-of-pocket expenses such as travelling expenses or meal allowances.
From 13 February 2012, persons in receipt of Invalidity Pension are eligible to apply for a Partial Capacity Benefit in place of an Invalidity Pension payment. Partial Capacity Benefit allows claimants to work and receive a social welfare payment based on their capacity to work. (See separate guidelines on Partial Capacity Benefit)
Since 1 May 2009, persons in receipt of Invalidity Pension are not entitled to participate in the Back to Work Allowance Scheme.
From 1 May 2009, persons in receipt of Invalidity Pension are entitled to apply for a revised Back to Work Enterprise Allowance. The Back to Work Enterprise Allowance scheme allows claimants to keep a percentage of the social welfare payment, including increases for a qualified adult and qualified children, for up to 2 years.
The rate of payment is 100% in year 1 and 75% in year 2. If for any reason during the Back to Work period he or she are unable to continue working their Invalidity Pension will be automatically restored. (See separate guidelines on Back to Work Enterprise Allowance)
From September 2000, a claimant in receipt of Invalidity Pension may qualify for the Back to Education Programme. (See separate guidelines on Back to Education)
A person in prison or detained in legal custody does not meet the qualifying criteria for Invalidity Pension. Their incapacity is not as a direct result of them being incapable of work and for no other reason and because they would not be available to work in insurable employment or self-employment were it not for this incapacity.
Invalidity Pension is made up of a personal rate for the claimant and increases are payable for qualified adults and children. The increase for a child dependant is payable up to age 22 for a child who is receiving full-time education by day at a recognised school or college.
Note: From July 2012 new applicants spouse's/partner's earnings must be €400 or less in order to qualify for a half-rate child increase.
(See separate guideline on Dependants for full details re qualified persons)
If a claimant is living alone s/he will also be entitled to a Living Alone Allowance.
An additional allowance is payable if a claimant is ordinarily resident on an island off the coast of Ireland.
The current rates of pension are published in the Information Booklet SW 19.
Where an Invalidity Pension is awarded, a Free Travel Pass will be issued automatically if the claimant is resident in the Republic of Ireland and is registered for the Public Services Card; if not, he/she will be requested to register before a Free Travel Card issues. The Invalidity Pension will advise Free Schemes Section, Pensions Services Office, Sligo of the award of Invalidity Pension.
In certain cases, a companion pass can also be issued. An application must be made to Free Schemes Section in the Pensions Services Office, Sligo. Medical Certification that the person on Invalidity Pension would need a travelling companion will normally be required.
(See separate guideline on Free Travel)
An Increase for Living on a Specified Island is payable if a claimant is ordinarily resident on one of a list of specified islands off the coast of Ireland. (It is paid automatically - there is no need to apply)
A claimant who does not qualify for an Irish Invalidity Pension and is getting an equivalent payment from another EU country may qualify for the Increase for Living on a Specified Island.
See Increase for Living on a Specified Island guideline for more general information.
A Fuel Allowance may also be payable; see separate guideline on National Fuel Schemes for full details.
With effect from June 2018 you may qualify for Telephone Support Allowance (T.S.A.) if you are in receipt of both Living Alone Allowance and Fuel Allowance. It is intended to help people living alone with the cost of communications and/or a home alert system. As this allowance is paid automatically to people who qualify, you do not need to apply for it.
A claimant may also qualify for extra benefits such as Electricity/Natural Gas/Bottled Gas Allowances, Free TV License and so on.
(See separate guideline on Free Schemes for further details)
A Carer's Allowance may also be payable to a person providing full-time care and attention to an Invalidity Pensioner. (However, a person who is awarded a Carer's Allowance will be entitled to half rate Carer's Allowance if they are a Qualified Adult on their spouse's/partner's/cohabitant's Invalidity Pension).
Half rate Carers Allowance, Disablement Benefit and Medical Care can be claimed concurrently with Invalidity Pension. However, an Incapacity Supplement cannot be paid concurrently with Invalidity Pension.
Claims for Invalidity Pension arise in two ways:
A)
Claimants who wish to apply for Invalidity Pension may get an application form INV1 from the local Intreo Centre, the local Social Welfare Office or download one from the department’s website. Entitlement to an Invalidity Pension is investigated upon receipt of a completed application form.
(See "Late claims" below, and Claims and Late Claims guideline in relation to provisions for late claims.)
B)
Claimants who have been getting Illness Benefit for a period of 468 days will be medically assessed for continued entitlement to Illness Benefit and possible entitlement to Invalidity Pension. If as a result of this assessment it is considered that they may be entitled to Invalidity Pension, an application form (INV2) will be sent to them. On return of the completed form a deciding officer will examine the claim and determine eligibility for Invalidity Pension.
Claims are decided by Deciding Officers appointed by the Minister for Social Protection, under Section 299 of the Social Welfare (Consolidation) Act, 2005, as amended.
The insurance contribution record is checked for compliance with the PRSI contribution conditions above. Social Welfare Inspectors may be asked to help clear up any questions arising in relation to the claim. If the claimant satisfies the PRSI conditions and is not engaged in employment it is established whether the person satisfies the statutory conditions on medical eligibility for award of the Pension. (See above)
In order to determine medical eligibility;
1. A diagnostic medical report issues to the claimant for completion by his/her medical doctor who should return this report to the department. (See separate guideline Med Assessment re Medical Assessment procedures)
2. A self-assessment form issues to the claimant for completion and return.
Where it is established that a claimant does not satisfy the contribution and medical conditions for receipt of an Invalidity Pension, based on the information available to the department, a decision is made to this effect and the person is notified by letter. Each person is advised of his/her right of appeal and/or review by a Deciding Officer.
When the application form is returned it is checked for accuracy and to ensure that all necessary certificates are included. Birth and marriage/civil partnership certificates are required if the claimant and any dependants for whom an increase is being claimed were born outside the Republic of Ireland. Certification by schools/colleges that children over 18 are still in full time education may also be necessary.
When the Deciding Officer is satisfied that the conditions are fulfilled, a decision is made to award the pension.
The notification of award and payment date is issued to the claimant. Arrears less any overlapping payments/outstanding overpayment in the department issue to the customer as soon as possible.
Application for Invalidity Pension should be made through the country of residence. The claim is then transferred to the other institution concerned along with medical evidence and details of employment. Validation of the claimant's insurance and medical case history requires liaison between this department and the appropriate institution in the foreign state.
Once the insurance contributions history in both states and compliance with the medical criteria has been established, EU and Bilateral cases broadly follow the procedures above.
In cases where a pro-rata pension is being awarded the following formula is used:
The number of Irish reckonable contributions divided by the total of Irish reckonable contributions and reckonable contributions outside Ireland and multiplied by the current personal weekly rate.
Example:
Irish Contributions = 300
Contributions outside Ireland = 100
Total Contributions = 400
300 is divided by 400 and multiplied by the weekly personal rate of Invalidity Pension (currently €208.50)
Where a qualified adult allowance is also payable, this is paid on a pro-rata basis, that is, 300 is divided by 400 and multiplied by the weekly personal rate of Qualified Adult Allowance payable.
Where either the insurance contributions conditions or the medical conditions are not satisfied or a person is engaged in employment or self-employment and not in receipt of Partial Capacity Benefit, a disallowance decision is made by the Deciding Officer and a notice is issued to the claimant. The claimant is advised of the right of review and/or appeal.
Where a claimant appeals on medical grounds, the Social Welfare Appeals Office (SWAO) sends a request for a submission from the Deciding Officer showing to what extent the facts and contentions advanced by the appellant are accepted or rejected. If medical evidence is submitted by the appellant in support of his or her appeal it is reviewed. If following this review, it is still considered that the appellant is ineligible for an Invalidity Pension a formal submission is made to the Appeals Office by a Deciding Officer. The case is then forwarded to the Appeal's Office for determination by an Appeals Officer.
Where a claimant appeals on non-medical grounds, the grounds of appeal are examined by the Deciding Officer and any new evidence taken into consideration. If the decision is unchanged a submission on the case is forwarded by a Deciding Officer to the Social Welfare Appeals Office for determination by an Appeals Officer.
Under Social Welfare Law a claimant must make an actual application for Invalidity Pension in the prescribed manner within 3 months of the date of first entitlement. (See section 2 of the Claims and Late Claims guideline for details of acceptable forms of claim)
When a claimant provides satisfactory evidence that the conditions for entitlement were fulfilled prior to the date the claim was made, the Deciding Officer or Social Welfare Appeals Officer may backdate the award for a maximum of 6 months.
Further backdating of payment may also be possible under the provisions of the Social Welfare (Consolidated Claims, Payments and Control) Regulations, 2007, (S.I. No. 142 of 2007).
See Claims and Late Claims guideline for further information on late claims and all the circumstances in which backdated payments or allowances may be made.
Compensation for loss of purchasing power may be paid where there is an inordinate delay, attributable to the department, in deciding a claim which results in the claimant receiving an amount of arrears that is worth less because of inflation.
See Claims and Late Claims guideline for information on the circumstances where compensation for loss of purchasing power is payable and how it is calculated.
At present there are two payment methods available:
(Payment outside the state is mainly by EFT. Claimants living abroad are paid in local currency every four weeks, three weeks in arrears and one in advance.)
Where the claimant is unable to travel to a post office, s/he may nominate a person as an agent to collect their payment each week.
Payment is made until the claimant resumes employment/self-employment; is disqualified from receipt of Invalidity Pension; qualifies for another pension at a higher rate; opts to transfer to another Social Welfare payment; is transferred to the State Pension (contributory) at age 66 or dies.
Where a claimant returns to work and/or submits a final medical certificate, the payment is terminated.
Where the claimant commenced working some time before notifying the department, the decision to terminate may be made with effect from the commencement of employment giving rise to an overpayment.
(See separate guideline re Revised Decisions and Guidelines on the Recovery of Debt by the DSP.)
When a claimant reaches pension age he or she will be automatically transferred to the State Pension (contributory). Notification will issue to the claimant.
Where the deceased claimant was in receipt of Invalidity Pension which included an increase for a qualified adult, his/her surviving spouse/civil partner/cohabitant will receive 6 weeks payment after death.
Also, where the deceased claimant was in receipt of Invalidity Pension, his/her surviving spouse/civil partner/cohabitant will receive 6 weeks payment after death where that surviving spouse/civil partner/cohabitant is in receipt of one of the Social Welfare payments below in his/her own right:
The rate payable for 6 weeks after death of a claimant will be the actual rate that the deceased claimant was receiving. In cases where the deceased claimant was in receipt of a personal rate of payment only, the surviving spouse/civil partner/cohabitant will receive 6 weeks payment equivalent to that personal rate.
Where the deceased claimant was receiving a personal rate and an increase for a child dependant(s), the surviving spouse/civil partner/cohabitant will receive 6 weeks payment at the rate which was payable to the deceased claimant.
Payment of the Increase for a Qualified Adult also continues for 6 weeks following the death of the qualified adult.
Payment of the Increase for a Qualified Child also continues for 6 weeks following the death of the qualified child.
Where a payment is being made for a dependent child, this payment will cease when the child reaches 18 years of age.
For Invalidity Pension, where a child is in full-time education after reaching 18 years, a certificate is issued for completion by the educational establishment. Payment is made up to the date the certificate covers/end of academic year.
Where a child has undergone the leaving cert cycle in Secondary School, payment may be made in respect of them until the third Sunday in October.
Claimants are required to certify that they are observing the condition for receipt of Invalidity Pension. A form for this purpose is issued to them periodically.
Systematic, periodic reviews are carried out to confirm that the qualifying conditions for receipt of Invalidity Pension continue to be fulfilled.
A review is also initiated if there is any suggestion that the Conditions for receipt of Invalidity Pension for claimants in receipt of Invalidity Pension may not be observed or the qualifying conditions are no longer fulfilled.
Where a claimant is found to be in breach of the Conditions for receipt of Invalidity Pension, a disqualification is imposed.
Where a question arises as to whether the conditions for the receipt of Invalidity Pension are fulfilled and initial enquiries fail to establish entitlement, payment may be suspended in whole or in part until the person's entitlement has been confirmed.
This will be done if there is reason to believe that:
Claim files in respect of Invalidity Pension are retained and are not destroyed until the expiration of six complete calendar years after a claim is stopped. Claims are stopped due to the death of the claimant or due to the fact that the claimant has moved on to another Social Welfare Payment or due to the fact that the claimant no longer meets the qualifying conditions for receipt of Invalidity Pension. A random sample of 10% of files due to be destroyed are retained for archival purposes in accordance with the National Archives Act.