Pensioner – High Court Settlement

A pensioner recently settled a High Court action against the State depriving him of his pension entitlements. On the death of his wife, the pensioner became entitled to a widower’s contributory surviving spouse pension.  However, he claimed he was entitled to a greater amount — on the basis that his late wife had made contributions before 1953.

The State claimed his pension was lawfully reduced under the Social Welfare Act 2000.  This act increased a person’s contributory pension during their lifetime.  However, following their death — it removed entitlements from their spouses to the Surviving Civil Partner Contributory Pension.  In effect what the Department of Social Welfare gave with one hand, it took away with the other.

Solicitor Niall Kiernan, (niall [@] lawlorpartners.ie), represented the plaintiff and successfully argued “The Government is entitled to vary pension and benefit entitlements, but must do so in accordance with Law and without discrimination against a particular class”.

Read more details of the case on  here – doc03515120140703154326_001

 

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One Response to Pensioner – High Court Settlement

  1. patrick joseph mc July 21, 2014 at 7:31 pm #

    THIS IS A VERY IMPORTANT RULING, IT WOULD BE VERY INTERESTING TO READ THE ACTUAL JUDGEMENT AS ONE CAN ONLY ONLY GET ONLY ONE SOCIAL WELFARE PENSION AT THE MOMENT AND THE MINISTER CAN EXERCISE DISCRETION IN GRANTING AN EXTRA SURVIVOR PENSION IF A PERSON IS ENTITLED TO TWO SOCIAL WELFARE SURVIVORS PENSIONS UNDER THEIR OWN RECORD AND THEIR DECEASED SPOUSES RECORD BUT THEIR NO AUTOMATIC ENTITLEMENT TO SAME

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