Just had an enquiry that brought up an issue that was new to me, and might be useful for colleagues.

It appears that Irish contributory pensions can be paid on a pro rata basis to anyone who worked for a minimum of five years (not necessariliy consecutively) in the Republic, and that this can be paid in the UK on top of any UK retirement pension entitlement.

http://www.oasis.gov.ie/retirement/pensions/oap_contributory.html#id3143869

I have a client who has appealed the reassessment of his Pension Credit during an Assessed Income Period due to receipt of his Irish pension, which he claimed pre Oct 2003 but was awarded afterwards. The Secretary of State didn't know about the Irish Pension until it was awarded, so is arguing that the Dept couldn't determine his retirement income and as a result couldnt fix the assessed income period.
Their position is therefore that they can revise the decision to set an AIP (on ignorance of fact). They are therefore revising that part of the awarding decision about his income, and argue they can only set an AIP if they have determined retirement income rather than that they are taking account of extra income received during the AIP.
As client had actually claimed his irish pension before the PC decision but hadn't made this known, there do seem to be grounds for an any time revision.
Am pushed on how to challenge right of revision on these facts. But would like something to say so any thoughts on using Coombe, ie SoS cannot be ignorant of a fact which did not exist at the time of the decision. For those less grizzled, it was a decision on review used by DWP to prevent full backdating of linked benefit on award of a qualifying benefit. Could try to use it against them in this context - any thoughts on this or any other direction?

Ellie,

Was your client in receipt of MiG and transferred to PC? If so regulations 36 & 37 of The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 will define whether he has an automatic AIP of between 5 & 7 years. An AIP awarded under this provision can not be revised only superceded following a relevant change of circumstances.

Just to sound a little caution, my mother claimed and recieved this pension early last year and some considerable amount of backdating was assessed. The local council, the bounders, were quick off the mark and declared an overpayment of Housing & Council Tax Benefit derived from the period of backdating. This is, I am afraid, legitimate under the Regulations. However, the overpayment procedure followed by the council was, to say the least, woefully inadequate and a very long way short of the obligations under the schedule. We await the appeal hearing listed for 15th February. Thank you.

It should be noted from the URL link that entitlement to Irish Pensions is complex - as the link will show. Some Irish Citizens do not appear to have had to pay into the system for as long as 5 years.

Also on a general point, the Irish Government offer a resettlement programme for some of those who wish to return home and settle.

I always refer clients to Irish Advice agencies on these points.