At present the state pension age in Northern Ireland is 60 for women and 65 for men. However, the pension age for women will be increased to 65 over the period 2010-2020. Women born before April 1950 will not be affected.
Eligibility to a State pension is not means-tested; however the amount you receive is dependant on the number of qualifying years National Insurance (NI) contributions you have made.
Generally you should qualify for a full basic State pension if you have qualifying years for about 90 per cent of your working life – this is approximately 44 years for a man and 39 years for a woman. The term “qualifying years” refers to a tax year in which you have paid sufficient National Insurance contributions.
The State Pension is currently £90.70 a week (2008 figure). However, the amount you receive is dependant on the number of NI contributions you have made. 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 NI record as they approach retirement age.
In the case where an ex-prisoner has not paid sufficient contributions to qualify for a full basic State Pension a person may be eligible to receive a reduced one. However, this will again depend on how many NI contributions have been made. Usually, in order to qualify for a reduced rate State Pension a person will need to have qualifying years for at least a quarter of their working life. This is currently about 10 years for women and 11 years for men.
If an individual does not have sufficient contributions to qualify for a full State Pension it is possible to make voluntary contributions in order to increase the rate that a person will be entitled to. Voluntary contributions can be paid up to six years after the tax years in which an individual is released from prison. It is important to note, however, that making voluntary contributions will only protect your right to claim bereavement benefits and retirement pensions and not other benefits. For advice about National Insurance contributions contact the National Insurance enquiries on 0845 302 1479.
If you are more than four months away from pension age you can obtain a forecast so that you know what you will be entitled to when you finally reach pensionable age – you may get forms for this from your local Social Security/Jobs & Benefits office or alternatively you may phone 0845 300 0168.
If a person is not entitled to receive a State Retirement Pension, or if the amount received is small, there may be an entitlement to other welfare benefits. Depending on income and savings there may be an eligibility to claim pension credit.
While in prison an individuals entitlement to a State Pension is suspended regardless of whether you have paid sufficient National Insurance contributions or not. This includes prisoners who are either in prison or on remand. In the case of a prisoner on remand where the person actually receives a non-custodial sentence their pension will be restored and arrears paid. However, if a prisoner receives a custodial sentence a pension will not be restored. When the prisoner leaves prison they should make a fresh claim.
The rules surrounding eligibility are complex and it is advisable to seek specialist advice.
The following organisations may offer further advice and information:
Northern Ireland Association for the Care and Resettlement of Offenders (NIACRO)
NIACRO
Amelia House
4 Amelia Street
Belfast
BT2 7GS
Tel: 028 9032 0157
www.niacro.co.uk
© Northern Ireland Association of Citizens Advice Bureaux (NIACAB) 2008
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