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Q. My husband had a small business, and is now retired and
is getting a State pension. Can I get a State Pension in my own
right?
11.09.11
If, in practice, you and your husband were working in a
partnership but did not claim to be in a partnership when making tax
and PRSI returns, you can claim partnership status retrospectively;
you must have adequate supporting documentation for the relevant
years.
If the dept. decides that a business partnership existed you can pay
your Class S contributions retrospectively. The contributions due
are worked out by splitting the income from the partnership (for
each year the partnership existed) between you and your husband. The
PRSI liabilities are then recalculated. Any additional PRSI
contributions due can then be collected from you. If it is decided
that a partnership did not exist you may appeal the decision to the
Social Welfare Appeals Office.
It is important to remember that even if a partnership existed and
you pay any outstanding social insurance contributions this does not
entitle you to a State Pension (Contributory) at age 66 unless you
meet all the other criteria. You should check the full eligibility
conditions for benefits and pensions before deciding whether to
apply for retrospective partnership status.
Citizens Information: Buncrana 074 9363496; Carndonagh 074 9373741
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