A Guide for Older People - Irish Council for Civil Liberties
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A Guide for Older People
CONTENTS
ABOUT THIS GUIDE 2
INTRODUCTION 3
KEYWORDS 4
SECTION 1: MY RIGHT TO AUTONOMY AND PARTICIPATION
Political Participation 6
Economic Participation 9
Social Participation 10
Decision-making and Assisted Decision-making 12
Knowing my information and Legal Rights 14
My Rights as a Consumer 15
SECTION 2 - MY RIGHT TO ECONOMIC SECURITY
Pension Options 17
Accessing a State Pension 18
Private Pension Options 20
The Pension Levy 20
Complaints about Pensions 21
SECTION 3 – MY RIGHT TO HEALTH AND WELLBEING
Access to Health and Community Care 23
Private Health Insurance 27
Access to Nursing Home Care 28
Making Decisions about Health Care 32
Health Records 33
Giving Feedback and Receiving Support 33
Elder Abuse 34
SECTION 4 - USEFUL CONTACTS 36
Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 1ABOUT THIS GUIDE INTRODUCTION
This guide aims to provide older Structure for this guide What do we mean by Who makes sure my rights
people with information on some There are four main sections in this guide. human rights? are respected?
of the rights they have when living Human rights are the basic freedoms and The State must make sure that your rights
in Ireland. SECTION 1
My Right to Autonomy and Participation –
entitlements that all of us have because are respected. This duty comes from sources
we are human beings. These rights including:
outlines your right to make decisions about
should be available to everyone, whatever
These rights come from both Irish and EU your care, and provides information about
their gender, race, religion, marital or •• the Constitution of Ireland
law and from regulations which govern rights and issues that affect your participation
family status, sexual orientation, age, (also known as Bunreacht na hÉireann);
services and entitlements. The guide will in the political, economic, social and cultural
disability and whether or not they are a •• the European Convention on Human Rights
be useful for older people, people who act life of Irish society.
member of the Traveller community. (ECHR); and
as advocates on behalf of older people, and
•• the United Nations (UN) Convention on the
older peoples’ representative organisations. SECTION 2
Ireland has made commitments under both Rights of the Child.
The information in the guide is organised My Right to Economic Security – focuses on
national and international law to make sure
using the broad themes of participation, the economic security of older people and, in
that the rights of everyone living in the State All agents of the Government, including An
security and health. particular, on the importance of income and
are respected, protected and met. Garda Síochána, schools and health services
access to pensions in promoting economic
must respect your rights.
The information in this guide covers legal security.
developments up to 2016.
SECTION 3
Disclaimer: The aim of this guide is to give My Right to Health and Wellbeing – focuses
general information about your rights. on health and wellbeing and identifies some
We have done our best to make sure the of your rights and entitlements to health and
information is accurate and up to date, but community care services. This section also
you should not take it as legal advice. includes information on your right to long-
term nursing home support and to elder
abuse supports.
SECTION 4
Useful Contacts – provides contact details
for a number of statutory, community and
voluntary organisations that may be able
to provide additional useful information on
issues that matter to older people.
2 IRISH COUNCIL FOR CIVIL LIBERTIES / A GUIDE FOR OLDER PEOPLE 2016 Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 3KEY WORDS EXPLAINED
Ageism Discrimination European Economic Area Older Person Pension Trustee Qualified Adult
A prejudice or discrimination When a person is treated in a less Known as the EEA for short. A person, defined by the Central A person who holds and looks after Adult dependants of social
against a person because they favourable way than another The European Economic Area Statistics Office, aged 65 pension assets for the benefit of welfare claimants. A payment
are old. person in the same situation. This comprises the 28 member states years or over. However, there members and their dependants. for a qualified adult may be paid
can happen under any one of the of the European Union (including is no internationally accepted Although assets are held in the for a person who is wholly or
Data Controller nine grounds of discrimination Ireland) together with Iceland, agreement about the age at name of trustees, they do not mainly maintained by a social
The person who manages the covered by Irish law. A person can Norway and Liechtenstein. which a person becomes old. belong to them. The conditions of welfare claimant and who is
storage and uses of personal data. experience discrimination due The United Nations uses a the trust under which the pension either a spouse, civil partner or
to their: age, sex, disability, civil Habitual Residence cut-off of 60 years and over to scheme is set up are detailed in a cohabitant. For example, a person
Defined benefit status, family status, race, religion, Condition refer to the older population. legal document called the trust receiving a State pension may
pension scheme sexual orientation or membership A requirement to establish eligibility deed and rules. It sets out who can receive a specific payment for
A pension scheme where retirement of the Traveller Community. to certain social welfare payments. Age discrimination or ageism can join the scheme, what the benefits their partner as a ‘qualified adult’.
benefits are calculated to a specific The term ‘habitually resident’ is not be experienced by people who are are and what contributions are paid.
formula that creates a set level of Elder Abuse defined in Irish law. It is generally younger than 65 years of age. There Social Care:
income. The amount paid is usually A single or repeated act which accepted to mean that a person has are also significant variations in Supports people of all ages with
related to each member’s length of causes harm or distress to an been living in Ireland for some time, health status, participation and PRSA certain physical, cognitive or age-
service and/or their earnings before older person or violates their and intends to stay for a period into levels of independence among A Personal Retirement Savings related conditions in carrying out
retirement. human rights. It occurs within the foreseeable future. older people of the same age. Account (PRSA) is a personal personal care or domestic routines.
any relationship where there is an In Western countries, old age pension plan paid for by personal
Defined Contribution expectation of trust and can include National Treatment tends to be associated with the contributions, although employers Treaty:
Pension Scheme a lack of appropriate action. Purchase Fund age at which people become can also pay contributions to A legal instrument which sets
A pension scheme where the The organisation authorised by the entitled to retirement benefits. these plans. These plans can be out the rights and entitlements
retirement benefits paid to Eligibility and Entitlement Minister for Health to negotiate with obtained from financial services of the subject of that treaty (for
each member are not set. The To be ‘eligible’ means you satisfy owners of registered nursing homes Pension Scheme companies such as insurance example, women, children, people
benefits depend on the amount certain conditions; to be ‘entitled’ to reach agreement on maximum A type of trust. A trust is an companies and banks, and through with disabilities) in a way that
of contributions paid in for that means you have a right to charges for provision of ‘long-term arrangement under which financial advisers. A PRSA provides can be interpreted by lawyers,
member and the investment something. There is an argument residential care services’ to Nursing assets are held and looked a tax-free lump sum and a pension judges, the courts and policy
earned on those contributions. that the Health Acts distinguish Home Support Scheme residents. after on behalf of others, called or other benefits at retirement. makers who must consider the
between eligibility for health beneficiaries. A company legal implications of these rights.
services and entitlement to them. pension scheme, often called an
The Department of Health takes occupational pension scheme,
the view that people are ‘eligible’ is a good example of a trust.
for health services but this is not
the same as being ‘entitled’ to
them. An entitlement is a legally
enforceable right. The distinction
between eligibility and entitlement
has never been argued in court.
4 IRISH COUNCIL FOR CIVIL LIBERTIES / A GUIDE FOR OLDER PEOPLE 2016 Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 51. MY RIGHT TO AUTONOMY
AND PARTICIPATION
What does my right to Political Participation I am an Irish citizen living abroad. Can I vote if I am in a nursing
autonomy mean? Do I have an equal right to May I vote in Irish elections and home or a hospital?
This means that you have a right to make your political participation? referendums? Yes. If you live in a nursing home or a hospital,
own decisions about things that concern you No. If you are an Irish citizen living abroad, you you have two options if you want to vote.
Yes. All Irish citizens have equal rights to
– for example, your property, your income and cannot be entered on the Register of Electors.
political participation in Ireland.
finances, where you live, your health, medical There is an exception for Irish officials on duty 1. You can register for a postal vote, or
treatment or care. abroad (and their spouses) who can register for
All citizens aged 18 years and over can exercise
a postal vote. 2. You may apply to be entered on a list of
their political rights as individuals by voting
This section is about some of the key rights special voters who live in hospitals, nursing
in elections and referendums. Older people
you enjoy, and may exercise, as a person
may also stand for election at local, national I am not well enough to leave homes or similar institutions.
living in a democratic country. It begins by
highlighting the core principle of autonomy
and European levels in the same way as other the house but I do want to vote. Your first application to be entered on the special
for older people. Information about older
candidates. What can I do? voters list must be accompanied by a medical
people’s participation in society is then If you cannot go to the polling station because certificate.
presented under six headings which are: What do I need to do to you have a physical illness or a disability, you
exercise my right to vote? are entitled to a postal vote. Application forms Politicians visit nursing homes to meet residents.
•• Political participation for inclusion in the Register of Postal Voters are Informal hustings (meetings where candidates
In order to exercise your right to vote, you must
•• Economic participation available from your local authority, post office, speak to the gathering) may be organised in day
make sure your name has been entered in the
•• Social participation public library and Garda Station. Your first rooms at election times and, in many nursing
Register of Electors.
•• Decision-making and assisted application for a postal vote must be returned homes, presiding officers are present to enable
decision-making to your local authority and may need to be residents to cast their vote in the place where
Copies of the Register of Electors are usually
•• Knowing about my rights accompanied by a medical certificate. they live.
available in your post office, public library,
•• My rights as a consumer
Garda Station and local authority. You can also
go online to see if you are registered to vote by Do I have other political rights
visiting www.checktheregister.ie. apart from the right to vote?
Yes. You have the right to freely express
your views and opinions, and to represent
your views and opinions individually and
collectively to your public representatives, to
the media and to the general public.
You are also free to form and join associations
and organisations – for example, trade unions.
6 IRISH COUNCIL FOR CIVIL LIBERTIES / A GUIDE FOR OLDER PEOPLE 2016 Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 7Is there any upper age limit How can I keep track of changes Economic Participation The State pension has recently been raised to
on standing as a candidate to policy and laws affecting me Do I have an equal right to
66 years. This means you will not be entitled
to receive the State pension before your 66th
for election? as an older person? participation in the labour force? birthday. In addition, the number of years for
No. Older people are free to stand for election The Citizens Information Board (CIB) is an which you must work before qualifying for a
Under equality legislation, people are
at local, national and European levels in the excellent source of information on policy full State pension is set to increase over the
protected against discrimination in
same way as any other candidates. There is and laws for citizens of all ages. Online coming years, meaning that you may be older
employment on nine grounds. Age is one of
no upper age limit. information is updated regularly – for than 66 before you qualify for a pension. This
the nine grounds. However, there are limits to
example, after the Budget each year. The CIB is shown in the table below.
the protection provided by equality legislation
I am a retired member of a trade also publishes, both online and in print, a
due to some of the exemptions permitted
union. Does the trade union monthly journal called Relate which outlines
developments in social services, policy and
under the legislation.
Many retired people might have a gap in
income after they retire and before they
represent my interests? legislation in Ireland. qualify for a State pension. However, a person
For example, one of those exemptions allows
Not necessarily. The main focus of trade who is unemployed for a period of time before
employers to set an employee’s retirement
unions is on representing the interests of The added value of Relate is that it translates qualifying for the State pension may be
age in their contracts of employment.
their employed members. The law under changes in the law into plain English. entitled to receive social welfare payments
which trade unions participate in collective •• You can read original legislation at such as Jobseekers Benefit. For example, a
bargaining does not provide for the inclusion www.statutebook.ie. Is there a mandatory person who is 65 years of age and who has
of retired workers in negotiations. retirement age? made at least 156 PRSI contributions can
continue receive Jobseekers Benefits until
No, there is no mandatory retirement age.
If your trade union has a retired workers they reach their 66th birthday.
However, employers may require their
section, this provides a forum for informing
employees to retire at a certain age, for
retired members about their rights, and In addition, a person who is 62 years or
example, 65 years. An employment contract
identifying and acting on issues of concern. over and claiming Jobseekers Benefit is not
is a private matter between an employer and
Some unions actively promote the benefits required to take part in labour activation
an employee.
of retired membership and some retired programmes (for example, job training) and
workers sections actively raise issues will not be penalised for not taking part.
on behalf of retired workers and retired
members of the union.
What is the State pension age?
However, there are grey areas. It is
recognised that there are issues on Birthday State pension age Year new date takes
which employed and retired members
Born on or after 1 Jan 1949 66 1 Jan 2014
of a union may have conflicting interests
and perspectives. This is an area which Born on or after 1 Jan 1955 67 1 Jan 2021
some unions are now exploring with their Born on or after 1 Jan 1961 68 1 Jan 2028
membership.
8 IRISH COUNCIL FOR CIVIL LIBERTIES / A GUIDE FOR OLDER PEOPLE 2016 Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 9Social Participation If you are interested, you should contact the I have turned 60. What do I need to a number of private bus and ferry services.
Do I have an equal right to
Board’s community education facilitator who
can tell you about community-based learning
know about my driving licence? There is no restriction on the amount of free
travel you use or the times of travel. In most
participate in my community? groups in your area. The period of time for which a driving licence cases, people who are entitled to free travel
is issued depends on the age of the applicant. are also entitled to have their spouse, civil
Yes. Everyone has an equal right to
participate in their community. You can Am I entitled to financial There are four age brackets that affect the partner or cohabitant travel free with them.
choose to become involved in social, cultural, assistance for education? period of the licence: Also, if you are unable to travel alone for
medical reasons, you may get a Free Travel
education and training activities, as well as in
As there is no upper age limit to undertake a 1. If you are under 60, you may apply Companion Pass that allows a person over
public life.
full-time third level course, mature students for a 10-year licence or a 3-year licence 16 to accompany you free of charge. You
may apply to the Student Universal Support (on medical grounds). Since 19 January can also use your Free Travel pass on any
In practice, though, your interaction with
Ireland (SUSI) for grant assistance. These 2013, the maximum period for a truck of the schemes under the Rural Transport
others and your involvement in activities
grants are means tested. For further guidance or bus driving licence is 5 years. Programme.
might be restricted – for example, if you are
and information, contact support@susi.ie or
not independently mobile or if you do not have
ring the helpline at 0761 08 7874. You can 2. If you are over 60 but under 67, Information on Rural Transport Programme
independent access to transport.
keep up to date by visiting www.susi.ie where you may apply for a licence that will services in your local community is available
you will find answers to frequently asked expire the day before your 70th birthday. on the website of the Rural Transport
I am interested in further questions as well as guidance notes on the The maximum period for a bus or truck Network. http://ruraltransportnetwork.ie/
education. Where should I go? grant application process. driving licence is 5 years.
The National Learners Database, www. Can I travel to Northern Ireland?
qualifax.ie, provides comprehensive I don’t have access to a computer 3. If you are over 67 but under 70,
Yes. Free Travel pass holders can complete
information on all aspects of learning. It and I don’t know how to use a you may apply for a 3-year licence.
return trips to Northern Ireland free of
explains a process called Recognition of computer. What can I do? 4. If you are over 70, you may apply for
charge. You can also travel free on journeys
Prior Learning (RPL), and gives information that start and end within Northern Ireland. In
As a first step, you could join your local a 3-year licence or a 1-year licence,
on courses and opportunities for students, order to do this, you must have a Senior Smart
library. Your library will have computer but you will need a certification of
including mature students. Pass. You can get an application form for this
facilities and information about computer fitness to drive from your doctor.
at your local social welfare office.
training courses in your area, including
You can also make contact with the Education
and Training Board (formerly the VEC) in
courses provided by organisations working When can I get a Free Travel Pass? Residents of Northern Ireland who hold
with older people. Joining the library is a
your area to find out about local education The Free Travel Pass is available to people Northern Ireland concession passes can
matter of filling in a membership card and
opportunities. The Boards are currently aged 66 and over. It is also available to complete return trips to Ireland free of charge.
providing a copy of your ID.
required to prioritise education and training certain people with disabilities under 66.
provision for people who are unemployed What does the Free Travel Pass cover?
and on the Live Register. However, they also Your Free Travel pass allows you to travel,
offer a range of adult education programmes. free of charge, on public transport and on
10 IRISH COUNCIL FOR CIVIL LIBERTIES / A GUIDE FOR OLDER PEOPLE 2016 Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 11As an older person, do I have a Can I give someone else the power What are the circumstances in What is a co-decision
right to obtain travel insurance to make decisions for me? which I might need assistance making agreement?
when I travel abroad? Yes. You can choose to delegate or grant the with decision-making? If a court decides that you lack the capacity
Usually, older people can obtain travel power to make decisions on your behalf to You might need assistance with decision- to make decisions on your own, but that you
insurance for travelling abroad. However, another person. This is done by giving them making relating to your personal welfare would have the capacity if another person
insurance can cost more for those aged 65 ‘power of attorney’ to act on your behalf. or property. Personal welfare may include was helping you, it may make an order
and over. Conditions attached to insurance decisions about: approving a ‘co-decision making agreement’.
policies vary depending on your age, the
part of the world you’re travelling to and
What is power of attorney? •• Where you should live
This means that decisions would be made
jointly by you and the co-decision maker. The
the terms and conditions of particular A small number of people may have problems •• People with whom you may have contact Assisted Decision-Making (Capacity) Act 2015
companies. For example, a company may making, implementing, or communicating •• Your employment, training and rehabilitation details how these arrangements will be put
not offer travel insurance to customers their decisions. If you become incapable of •• Your diet and dress in place and the procedures to be followed in
aged 80 years and over who are travelling dealing with your affairs, for whatever reason, •• Inspection of your personal papers applying to the courts on matters related to
in the USA, Canada or the Caribbean. there are various legal arrangements you can •• Whether or not you may travel outside assisted decision-making.
Customers should check the terms of an make to have someone else do these things the State
insurance policy carefully before buying. on your behalf. •• Granting or refusing consent to new What is the Office of the
treatment or continued treatment by a
Public Guardian?
Decision-making and Your capacity to make decisions may be
limited because of an intellectual disability,
healthcare professional
The new law provides for the establishment
Assisted Decision-making some form of mental illness, an acquired What should I do if I think that of the Office of the Public Guardian. The
Do I have a right to make brain injury, some form of dementia or an
inability to communicate decisions. The
my capacity is in question? main function of the Public Guardian will be
to supervise decision-making assistants,
my own decisions? Dáil has recently enacted the Assisted Under the new arrangements, if you think that co-decision-makers, decision-making
Yes. Unless a court has declared otherwise, Decision-Making (Capacity) Act 2015 which you need assistance to make decisions, you representatives and persons holding enduring
all adults have the right to make decisions puts in place a new system to support may enter into a ‘decision-making assistance powers of attorney.
about their lives, their finances, their personal decision-making by adults who have lost agreement’ with someone you trust. This
care and their health care. The majority of some or all capacity to make decisions for trusted person can help you make decisions What is an enduring power
older people make these decisions without
involving anyone else.
themselves. When the new laws come into
force, these new arrangements will replace
about your personal welfare or property.
This person can also help you access any
of attorney?
the existing Wards of Court system, where information you need to make your decision. An enduring power of attorney is a legal
Information on court decisions about capacity the court becomes the decision maker for the You can ask this trusted person to speak on document that you sign at a time when
is included below. See below ‘What is a co- incapacitated person. your behalf. Under this agreement you still you have mental capacity. The document
decision making agreement?’ make the actual decision yourself. authorises another person (the attorney) to
act on your behalf in the future if your mental
incapacity diminishes – for example, if you
develop dementia. In order to create an
12 IRISH COUNCIL FOR CIVIL LIBERTIES / A GUIDE FOR OLDER PEOPLE 2016 Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 13enduring power of attorney, you must engage I have decided to transfer In what circumstances can the My Rights as a Consumer
a solicitor and follow the procedures for
getting a medical assessment and informing
property to a relative. Can Ombudsman help me? Do I have rights as an older
family members. the same solicitor handle the The Ombudsman investigates complaints consumer?
transaction for both of us? about public service organisations – for
Yes. Under Irish law, the rights of all
Knowing my Information Usually, no. Due to changes in law and
example, government departments, local
consumers are protected. This includes the
and Legal Rights regulations, family members can no longer
authorities, the HSE, An Post, Education and
Training Boards, third level colleges. The
right not to be discriminated against when
What are my data attend the same solicitor, or two solicitors in
the same company, to undertake a voluntary
Ombudsman can look at complaints about
buying goods or services because of your
age. Some services have regulations or
protection rights? transfer of property between them. If, for
the actions of public service organisations
codes of practice to protect consumers from
including their decisions, their refusal
Under the data protection laws, you have a example, you wish to transfer property to bad practices. For example, the Consumer
or failure to act, and their administrative
right to: an adult child or to relatives, you and the Protection Code protects customers who
procedures.
•• access your personal data, relative must each obtain independent legal purchase financial services such as banking,
•• find out free of charge if an individual or an advice and engage separate solicitors to act loans and other credit facilities.
organisation holds information about you, for each of you. How do I make a complaint
•• be given a description of that information, to the Ombudsman? How is the Consumer Protection
and
•• be told the purpose for holding the
The purpose of the new arrangements is
to protect vulnerable or older people from
Before you complain to the Ombudsman, Code relevant to me?
you must first make your complaint to the
information. pressure to transfer property, and to ensure The Consumer Protection Code offers you
public service organisation in question
there is no conflict of interest in the advice protection as a consumer in your dealings
using its internal complaints or appeals
You must make a request for this information given to both parties. with financial service providers. These
procedures. This is usually done in writing
in writing. The Office of the Data Protection include banks, insurance companies and
(by letter or email). You are entitled to know
Commissioner provides guidelines on how to But there are some exceptions. The main mortgage companies in relation to buy-to-let
if an organisation has an official complaints
make this request. www.dataprotection.ie or exception relates to the voluntary transfer of properties. The Code requires providers to
procedure. You can also ask for the name
LoCall 1890 252 231. a shared family home from its owner to the act fairly, honestly and in the best interests
of a person to whom you can address your
joint tenancy of that owner and their spouse of the consumer. A provider who misleads
complaint in writing.
How is my personal or civil partner. you or puts undue pressure on you to make
data protected? If you fail to resolve the complaint in this
a financial transaction or buy a product, is
breaking the Consumer Protection Code.
way, then you can ask the Ombudsman to
Under the law, if an organisation holds your
investigate the matter. The Ombudsman is
personal information, it may not make this The Code sets out very specific requirements
based in Dublin but the office has an outreach
information available to a third party unless that providers must meet. For example, a
service which visits regional offices of the
you were told when you gave this information provider must give you correct information
Citizens Information Board to enable people
in the first place that it would be shared. about savings and investments, handling your
to access the service. The website of the
There are some very limited exceptions to payments, advertising, and applying charges
Ombudsman gives clear guidance on how to
this rule – for example, where information is for the services they provide.
make a complaint. www.ombudsman.gov.ie
required for criminal investigations.
14 IRISH COUNCIL FOR CIVIL LIBERTIES / A GUIDE FOR OLDER PEOPLE 2016 Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 152. MY RIGHT TO ECONOMIC
SECURITY
Does the Consumer Protection What is the Financial What is meant by How do I access a
Code offer specific protections Services Ombudsman? economic security? State pension?
to older customers? If you have not been able to resolve If you are to participate fully in Irish society, The State pension qualifying age is currently
Not as such, but the provisions of the Code your complaint with a financial services you need an assurance of economic security 66. More information on changes to the State
are relevant to consumers of all ages. provider using the provider’s complaints – that is, financial security – in later life. Your pension age are contained in Section 1.
Whereas the Code does not identify older procedure, you may take your complaint income during your later years is likely to
people as a specific group, it does, however, to the Financial Services Ombudsman. be based on your pension, and that is why There are two categories of State pension:
state that when providers identify a personal The Financial Services Ombudsman offers this section of the guide focuses on pension •• State pension (Contributory), and
customer as ‘vulnerable’, they should ensure a free and independent service, and has issues. •• State pension (Non-Contributory).
that this person “is provided with such powers to investigate individuals’ complaints
reasonable arrangements and/or assistance regarding banks, building societies, insurance This section of the guide examines: You apply for contributory and non-contributory
that may be necessary to facilitate him or her companies, credit unions, stockbrokers and •• Pension options State pensions to the Department of Social
in dealing with the (provider)”. health insurance companies. •• Access to a State pension Protection who will assess your application.
•• Private pension options They advise that you should apply for your
I have a complaint about a •• Pension levy State pension three months before reaching
financial service I received. •• Complaints about pensions the age of 66. If you have paid social insurance
contributions in more than one country, you
What can I do? Pension Options should apply six months before reaching the
You can complain to the financial service age of 66.
provider using their complaints procedure. Will the State pension provide
Under the Consumer Protection Code, income for my retirement? How do I qualify for a State
financial service providers must have
written complaints procedures in place.
The State pension will provide a basic level of pension (Contributory)?
retirement income if you meet the qualifying
These procedures set out the time- The State pension (Contributory) is not
conditions. The full single person’s State
frame for receiving a response to your means-tested. In order to get this pension,
pension (Contributory) is currently (2016)
complaint. They also ensure that you you need to meet three conditions.
€233.30 a week or roughly €12,130 a year.
have a named person to communicate You need:
with during the complaints process. •• to have paid social insurance contributions
Most people’s retirement income comes from
(PRSI) before the age of 56;
one or more of the following sources:
If you want advice on how to make a •• to have a certain number of social
•• A State pension
complaint to a financial services provider, contributions paid (if you reach pension
•• An occupational pension scheme
you can get step-by-step guidance from the age on or after 6 April 2012, you need to
•• A personal pension plan in the form of
Financial Services Ombudsman website, have 520 full rate contributions – that is ten
a Personal Retirement Savings Account
https://financialombudsman.ie. years’ contributions); and
(PRSA) or Retirement Annuity Contract
•• to have a certain average number of
(RAC)
contributions over the years since you
16 IRISH COUNCIL FOR CIVIL LIBERTIES / A GUIDE FOR OLDER PEOPLE 2016 Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 17first started to pay social insurance. Accessing a State Pension My main occupation has been as a who work outside the home for a number of
Your average number of contributions
determines the level of pension you receive. How do I qualify for a State homemaker. How does this affect years, spend a number of years as carers
(of children up to age 12 or adults requiring
pension (Non-Contributory)? my access to a State pension? substantial care), and then return to the
The following table shows how the average If you were working in the home as a full- labour force.
The maximum personal rate of State pension
number of contributions made effects the time carer for your children or other family
(Non-Contributory) is €219.00 for anyone
weekly pension rate.
aged between 66 and 79 and €229.00 for
members before April 1994, you will have How is my State pension paid?
gaps in your social insurance record. These
anyone aged 80 or over. In order to qualify for Your State pension is paid weekly. You may
2016 weekly rates of State a State pension (Non-Contributory), you must
gaps mean that it is unlikely that you will
collect the pension from your local post office
pension (contributory) meet five conditions. You must:
qualify for a State pension (Contributory) in
your own right.
or arrange to have the pension paid directly
into an account in a financial institution.
Yearly Average Number Weekly Pension •• live in the State while getting this pension;
of Contributions Rate* If your partner qualifies for a State pension
•• be aged 66 or over;
(Contributory), they may qualify also for a I cannot get out of the house to
48 or over €233.30 •• have a valid Personal Public Service
Number (PPS No);
Qualified Adult Allowance on your behalf. go to the post office or the bank.
40 – 47 €228.70
•• satisfy a means test, and
With your partner’s consent, this allowance Can another person collect my
30 – 39 €209.70 •• satisfy the Habitual Residence Condition
may be paid directly to you. You may also
apply for a State pension (Non-Contributory)
pension for me?
20 – 29 €198.60 (meaning that a person has to show that
in your own right. Yes. You can name and authorise another
they have been living in Ireland for some
15 – 19 €152.00 person to collect your pension on your behalf.
time, have links here such as family and
10 – 14 €93.20 employment. What is the Homemakers’ Scheme This person is known as your ‘agent’. You must
*Figures correct at May 2016
and is it relevant to me? complete and return a form to the Department
of Social Protection if you want to authorise
What does the means Under this scheme, any contribution year another person to collect your pension.
The Department of Social Protection test involve? spent as a homemaker may be disregarded
advises that the qualifying conditions for the in the calculation of the yearly average up The form states that you should not be
Your ‘means’ are any income belonging
pension are complex and that, if you have to a maximum of 20 years. In other words, pressurised to authorise another person to act
to you or your spouse or partner, and any
ever paid social insurance contributions, the fact that you do not have contributions in as your agent. The form also states that the
property (except your own home) or any
you should apply for a pension so that those years will not affect your entitlement to agent is obliged to pay the full amount of the
asset that could provide you with an income.
your eligibility can be assessed. a State pension. pension to you without deduction of any kind.
In assessing your eligibility for a State
pension (Non-Contributory), a social welfare
Up-to-date information on the If you have been working in the home as If an agent is being authorised to collect
inspector, acting on behalf of the Department
qualifying conditions is available from a full-time parent for your children, or you your pension due to mental frailty or physical
of Social Protection, will assess your means.
the Citizens Information website: have been a carer for other family members incapacity on your part, the form must be
You will get the maximum personal rate of
www.citizensinformation.ie. after April 1994, the provisions of the signed (and certified) by your GP or a medical
State pension (Non-Contributory) if your
Homemakers’ Scheme are relevant to you. practitioner who has examined you within the
weekly means are €30 or less.
The scheme is of greatest relevance to those previous 30 days.
18 IRISH COUNCIL FOR CIVIL LIBERTIES / A GUIDE FOR OLDER PEOPLE 2016 Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 19These requirements for third party signatures This guide describes all the options in plain the Jobs Initiative. At the end of 2014, the which it was handled, you may bring the issue
are built into the process to protect older English, and provides a glossary explaining amount of the levy was changed to 0.15% and to the Ombudsman, www.ombudsman.ie.
people who may be vulnerable to financial key pension terms that you need to understand it continues to apply.
abuse on the part of an agent. if you are to make informed choices. I have a complaint about my
The levy applies to all forms of private
occupational pension scheme.
I am not sure about my social You can find the guide at your local library, pensions: defined benefit, defined
What steps should I take?
insurance record. What can I do? Citizens Information Centre or download it
from the Pensions Authority website at www.
contribution, Additional Voluntary
Contributions (AVCs). It does not apply to If you have a complaint about your
You can request a copy of your social pensionsauthority.ie (under Publications, then public sector pensions. Some of the proceeds occupational pension scheme, you should
insurance contributions record by completing Information Booklets). of the levy will be used to meet any funding begin by raising the issue with the person in
an online form on the website of the shortfall when defined benefit occupational your organisation who deals with the pension
Department of Social Protection, I want to understand how my pension schemes are being wound up in scheme. If this does not resolve the issue, you
www.welfare.ie.
occupational pension scheme cases where the employer is bankrupt. then follow up with the administrator of the
scheme, moving onto the trustees if necessary.
You can also write to or telephone the works. What should I do? Complaints about Pensions
Records Section in the Department of Social The Pensions Authority has produced a If you follow the internal procedure and you
Protection and request a statement of your booklet called ‘How does my pension scheme I have a complaint about my still can’t resolve your complaint, you can
records. The address is: work? A guide for members of occupational pension. What can I do? then contact the Pensions Ombudsman. The
pension schemes.’ Pensions Ombudsman decides individual
What you can do depends on the type of
PRSI Records complaints where there is both poor scheme
pension concerned. There are different
Department of Social Protection This guide explains all aspects of administration and financial loss. You can
complaints procedures for the State pension,
McCarter's Road, occupational pension schemes in plain also contact The Pensions Authority for
an occupational pension or a personal
Ardaravan, Buncrana, English. It is available to download from advice and guidance. The Pensions Authority
pension plan. Each is explained in the
Donegal the Pensions Authority website at www. regulates occupational pensions and PRSAs
following paragraphs.
pensionsauthority.ie (under Publications, (Personal Retirement Savings Accounts),
Private Pension Options then Information Booklets).
I have a complaint about my
and can investigate the state and conduct of
pension plans. It can also take court action
I want to find out about the Occupational pension schemes may be either State pension. What steps against trustees for the protection of scheme
different types of private pensions ‘defined benefit pension schemes’ or ‘defined should I take? members and their rights.
and options for saving for my contribution pension schemes’. Both are
The first step is to contact the Social Welfare
retirement. What should I do? explained on page 22.
office dealing with your pension benefit. If I have a complaint about my
you cannot resolve the issue at this level, PRSA. What should I do?
The Pensions Authority has produced a The Pension Levy the next step is to take an appeal to the
booklet called ‘What are my pension options? If you have a complaint about the
A guide on pension provision and the types What is the Pension Levy? Social Welfare Appeals Office (SWAO) which
management of your PRSA, you should first
operates independently of the Department of
of pension plans you can use to save for your The Government introduced a pension levy of all contact the PRSA provider directly and
Social Protection. If you are not satisfied with
retirement.’ – a deduction – of 0.6% in 2011 to pay for try to resolve the issue with them. Failing
the outcome of this process or the manner in
20 IRISH COUNCIL FOR CIVIL LIBERTIES / A GUIDE FOR OLDER PEOPLE 2016 Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 213. MY RIGHT TO HEALTH
AND WELLBEING
that, you can bring your case to the Pensions What is the significance of the What kind of health supports occupational therapy, chiropody and
Ombudsman who has investigative powers
in relation to PRSAs where there is poor
new ‘priority order’ for defined can I expect as I age? psychological services are available at the
discretion of the HSE.
administration and financial loss. Also, benefit pension schemes? TThe network of health and social care
the Pensions Authority regulates all PRSA When a defined benefit scheme is being services to which older people have access Can I access healthcare
products, and will provide advice if you
contact them for help.
wound up, its assets are distributed in a
specific order of priority. For example,
as they age is a fundamental part of a
supportive and age-friendly environment.
free of charge?
existing pensioners have higher priority than This section of the guide focuses on clarifying If you are a medical card holder, you can
The Government has announced that it future pensioners. If the scheme is fully older people’s rights and entitlements in access the following services free of charge:
intends to merge the Office of the Pensions funded, then all liabilities are met. If the accessing services that support health,
Ombudsman with the Financial Services scheme is underfunded or insolvent, then wellbeing and care. •• GP Services: Medical card holders can
Ombudsman’s Bureau. At the time of people with a lower priority do not get what access GP services free of charge.
publication, the merger has not yet they expected from the scheme. The sections are:
taken place. •• Access to health and community care •• Prescription Charges: As a medical card
New rules were introduced in law on 25 •• Private health insurance holder, you are entitled to prescribed drugs
What is the difference between December 2013 reducing the rights of existing •• Access to nursing home care and medicines, subject to a small charge
a defined benefit and defined pensioners and improving the priority given
to ‘future pensioners’. Future pensioners are
•• Making decisions about healthcare
•• Health records
per item prescribed.
contribution pension scheme? people currently in employment or deferred •• Giving feedback and receiving support •• Hospital in-patient care: Medical card
Under a defined benefit scheme, your members of the scheme. A deferred member •• Elder abuse holders are entitled to access treatment
pension income will be based on years of is someone who is entitled to a pension and maintenance free of charge in public
service and salary. You may also have the payment at a future date. Normally this would Access to Health and beds in HSE hospitals and voluntary
option to exchange some of your retirement
income for a lump sum payment at retirement.
be an early leaver but the term can also be
used to describe someone whose retirement
Community Care hospitals.
has been postponed. What are my basic •• Nursing Services: The HSE is obliged to
Under a defined contribution scheme, healthcare rights? provide a free nursing service to medical
you and your employer together contribute Before these new rules were introduced, card holders. This service is provided by
Under health legislation, the Health Service
to build up your retirement account. This existing pensioners were prioritised and public health nurses who frequently act as
Executive (HSE) is obliged to provide certain
retirement account should grow over their benefits safeguarded as far as possible. a point of contact for other community care
services for everyone who is ordinarily
the course of your working life through Under the new rules, existing pensioners services in their area.
resident in Ireland. The HSE must also
investment growth and ongoing contributions. still receive priority, but with a cap or limit on
provide hospital services for everyone.
The retirement account can be used to the amount of benefit payable to them. The •• Community Care Services: In general,
provide you with retirement benefits, such as guaranteed minimum payment is €12,000 a medical card holders may access
Other services may be provided by the HSE.
a lump-sum payment on retirement, and an year of their occupational pension for existing community care services free of charge.
Community care services such as home
income for life. However, the value of benefits pensioners. If the scheme is insolvent and
help, home care packages, physiotherapy,
available will depend on the size of the cannot meet this payment, the State will be
retirement account when you retire. required to do so.
22 IRISH COUNCIL FOR CIVIL LIBERTIES / A GUIDE FOR OLDER PEOPLE 2016 Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 23Other free schemes How can I get a medical card? How do I access community insurance have generally had faster access
Apart from medical card holders, there are You apply online or by post to the HSE. This is care services? to consultants, diagnostics and surgical
procedures.
two other groups who may access some different to a GP Visit Card (see above under
Unlike the medical card system, there is no
services free of charge: “Other Free Schemes”).
central application for access to community Access to community care services is
care services. severely limited and not provided for equally
•• People with a GP Visit Card are entitled Everyone aged 70 or over who applies for
in all parts of the country.
to free GP visits. Everyone aged 70 or a medical card is subject to a means test.
The HSE advises people to contact their GP,
over and ordinarily resident in Ireland, The means test for a medical card is based
is eligible for free GP care regardless on gross income from all sources except
public health nurse or local health office if What is palliative care?
they wish to access community care services.
of income. compensation awards and income from a Palliative care is an approach to care
People about to be discharged from a
certain amount of savings and investments. which aims to give the best quality of life to
hospital or hospice may be assisted to access
•• People who qualify for the Long Term The gross weekly income limit is €500 if you patients and their families when they are
community services by hospital or hospice
Illness Scheme are entitled to drugs, are a single person, and €900 for a couple. faced with life-limiting or life-threatening
staff who can make contact on their behalf.
medicines and surgical appliances Currently, the savings limit is set at €36,000 illness. Palliative care takes a ‘holistic’
for the treatment of their illness free for a single person and €72,000 for a couple. approach – it considers what is best for the
of charge. The scheme is open to Will I be able to access health complete person rather than simply treating
individuals with specific illnesses Medical and social circumstances are not and community care services the symptoms of the illness they have. This
including diabetes, multiple sclerosis, considered in deciding access to the over-70s when I need them – for example, approach aims to help people cope with
epilepsy and Parkinson’s disease. medical card.
specialist treatment? the physical, emotional, psychological and
spiritual challenges they face in the course
What happens if I am not a What are community In general, GP services are available between of their illness, and to help them die well and
medical card holder? care services? 9am and 6pm depending on the practice.
Normally, there is no problem with access
with dignity.
If you are not a medical card or GP Visit Card Community care services are designed during the working day, and generally a same- The usual healthcare professionals such as
holder, you must pay for GP services. You do, to enable people to remain living in their day service is provided. GPs are obliged to GPs, public health nurses, hospital nurses
though, have access to the Drug Payment communities especially when they have provide out-of-hours services and usually do and doctors can take a palliative approach to
Scheme. Under this scheme, there is a cap difficulty doing so because of illness, so through a co-operative (for example, North patients’ care. If a patient has more complex
of €144 a month on the amount you and your disability or age. Doc, South Doc, and so on). Patients should needs or hard-to-control symptoms,
family are required to pay for prescribed contact their GP for details of out-of-hours the medical team may involve specialist
medicines, drugs and certain appliances. Examples of community care services services in their area. palliative care services – often known as
Also, you are entitled to maintenance and include public health nursing, home hospice care services.
treatment in public beds in HSE hospitals and help, home care packages, occupational In terms of access to consultants,
voluntary hospitals subject to an overnight therapy, chiropody, respite care and diagnostics, hospital beds, treatment, Specialist palliative care is available in the
charge of €75 a night up to a maximum of daycare centres. Services may be provided surgical and other procedures, delays are home (hospice homecare nurses), in acute
€750 in one year. by the HSE, by voluntary organisations common and these affect public patients hospitals and in specialist, in-patient units
or by private care providers. in particular. People with private health (hospices).
24 IRISH COUNCIL FOR CIVIL LIBERTIES / A GUIDE FOR OLDER PEOPLE 2016 Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 25How can I access palliative care? These are: Private Health Insurance If you already have private health insurance,
•• the Housing Aid for Older Persons Scheme, the paperwork that came with your policy
Your GP or hospital doctor can refer you to
•• the Housing Adaptation Grant for People What happens when I become an should give you details of the costs your
specialist palliative care services if they feel
that you need specialist input. There are
with a Disability, and in-patient in a public hospital if I health plan covers. At any stage, you can
community-based hospice homecare teams
•• the Mobility Aids Grants Scheme. have private health insurance? contact your insurance provider and ask
them about your cover. Sometimes, if
in every county in the country. There are Regardless of your health insurance status,
The schemes are operated by local you know you are going to have certain
specialist in-patient units in: you have a right to treatment and maintenance
authorities. However, budgets for the procedures carried out, it can be reassuring
in public beds in HSE and voluntary hospitals.
schemes are limited, waiting lists are used, to contact your provider to check that you
Dublin Our Lady’s Harold’s Cross, However, you must make a choice between
access is means-tested and each of the are covered for those procedures.
St. Francis Raheny and being a public or a private patient.
three schemes has different qualifying
Blackrock Hospices
conditions. The best approach is to If you are shopping for private health
If you opt to be treated as a private patient
Kildare St. Brigid’s Hospice contact the Housing Department in your insurance, it’s important to examine the
in a public hospital, you are deemed, under
local authority to find out more about the different plans offered by different providers
Galway Galway Hospice legislation enacted in January 2014, to
schemes operating in your own area. to choose the one that suits you best.
have waived your right to in-patient hospital
Sligo Northwest Hospice There are currently four private health
services. That means you are then required
Cork Marymount University Hospice Do I have any rights to health care to pay as a private patient for all aspects of
insurance companies (Aviva, GloHealth,
Donegal Donegal Hospice, Letterkenny
if I am travelling in Europe? your care including your occupancy of any
Laya and VHI) offering a very large number
of in-patient hospital plans to customers.
category of hospital bed. Depending on the
Yes. If you are an EU/EEA national travelling Comparing and contrasting the benefits
Limerick Milford Care Centre level of health insurance you have, some or
in or staying temporarily in another state offered under this number of plans can
all of these costs could be covered.
of the European Economic Area (EEA) or be time-consuming and difficult.
More information is available from the Irish
Switzerland, you are entitled to receive free
Hospice Foundation at Tel: 01 679 31 88, or People who are not covered by private
medical care if you become ill or have an The Health Insurance Authority has an
www.hospicefoundation.ie medical insurance can still opt to be treated
accident. up-to-date online tool that helps you
as a private patient if they have the means to
to compare health insurance plans.
Can I get help if I need to make You must carry a European Health Insurance
do so.
You can visit their website to compare
home adaptations due to Card (EHIC) to avail of this entitlement. health insurance plans at www.hia.ie.
disability or frailty? The EHIC is free and enables you to access How do I know if my private health
There are three schemes under which an
State-funded care in the country you are insurance plan will cover all my What is community-rated
older person or a person with a disability may
visiting but it does not cover the costs of costs in a public hospital? health insurance?
your transport home. You can apply online
apply for financial assistance to make home The extent to which your private insurance
to the HSE for an EHIC, or get an application Ireland has a community-rated health
adaptations. will cover the costs of your hospital stay
form from your HSE Local Health Office. You insurance system which means that
if you opt to be treated as a private patient
should make the application at least one everyone is charged the same rate for the
depends on the nature and scope of your
month before you leave Ireland. same product regardless of their age, sex
specific health insurance plan.
or health status.
26 IRISH COUNCIL FOR CIVIL LIBERTIES / A GUIDE FOR OLDER PEOPLE 2016 Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 27You can also read
