Claiming an Irish State Pension at 66. (My UK pension age is 67)

Good Evening,

I am a UK Citizen, a Royal Navy Veteran and in 2030 - 2031 I will have two State Pensions available to claim, one from the Republic of Ireland and one from the UK.

In Ireland, the pension age is 66.

I will be 66 on December 4th 2030.

I live with my Partner, and we rent a two bedroom property from a local council in Wales. She gets the enhanced rates of PIP and she also gets Universal Credit, which includes the LCWRA, housing and carer elements.

I get Carers Allowance for her.

I would like to get some advice about what to do with my Irish State Pension, depending on how it is regarded by the DWP. Do I claim it at 66 or defer claiming until I approach my 67th Birthday, the date of my UK State Pension?

The amount of State Pension I will receive from Ireland is going to be well under the UK earnings limit for carers allowance.

However, does the DWP see this Irish pension as foreign earnings or do they regard it as an overlapping benefit and therefore reduce the carers allowance accordingly? What are the DWP's rules on claiming Irish State Pensions as a UK Citizen, living in the UK?

I'd also like to know what would happen to my carers allowance underlying entitlements and how this could affect my Partner's Universal Credit if I was to claim this pension in 2030 and the DWP stops paying the cash amount?

Cheers everyone, hope you all have a nice weekend.

Phil

Yes, I have discovered that according to DMG, chapter 17, Overlapping Benefits, pages 1 and 2, subsection 17006, entitled 'Benefits not payable out of public funds', it states that 'The overlapping benefit rules apply only to pensions, allowances or benefits payable out of Public funds. Public funds means funds controlled by the United Kingdom Government and does not include payments made by any non-United Kingdom government including European Community Member States. So while the Irish State Pension amount would be deducted from my Partner's Universal Credit, I would receive this pension without losing my Carers Allowance.

I am currently four years away from receiving my Irish State Pension so I hope the information I have been getting is correct.

I have been receiving 'information' on this subject from google AI which contradicts the above. It is saying that 'The fact that the Irish State Pension comes from outside UK Public Funds does not exempt it.' It quotes the EU Social Security Coordination Regulations, specifically Regulation 883/2004. which remain part of UK law post-Brexit under the UK-EU Withdrawal Agreement and the UK-Ireland Common Travel Area agreements.
Under these international coordination rules, the DWP invokes what is known as the "Anti-Overlap" principle. These rules explicitly dictate that when a person is entitled to overlapping benefits of the same nature (such as two separate income-replacement state pensions or an income-replacement pension and a cash sickness/carer benefit) from two different member states, the competent state (the UK) is legally required to apply its own internal reduction rules as if the foreign benefit were a domestic one.

How the DWP Rules Interact

1. The Competent State (The Upper Tribunal Ruling): The email notes an Upper Tribunal ruling confirming the UK remains your "competent state" for cash benefits. Because you are a British citizen permanently residing in the UK, the UK is responsible for your Carer's Allowance.

2. The "As If" Calculation: Because the UK is the competent state, it must administer its benefits according to coordination rules. When calculating your entitlement to a UK income-replacement benefit (Carer's Allowance), the DWP is legally instructed to view your Irish State Pension exactly as if it were a UK State Pension.

3. The Result: The DWP treats your Irish State Pension as a "comparable overlapping benefit." If your weekly Irish pension amount exceeds the Carer's Allowance threshold (currently £86.45 per week), the physical cash payments of your Carer's Allowance will be stopped.

That is what AI says. I have to know precisely in advance what the rule is on whether I can keep the cash payment of Carers Allowance at the same time of receiving my Irish State Pension or not, because my Partner has borderline personality disorder, and I want to reassure her that when the time comes, everything is going to go seamlessly. She is frightened of losing what she sees as a loss of financial stability, security and consistency when her Universal Credit reduces and the household bills begin to transfer over to my account.

Cheers,

Phil

Hi David,

I put the same question to Chat GPT and received this response:

'My assessment of your particular case:'

'On the evidence available, I would put the position this way:

Your interpretation of DMG 17006 is reasonable and supported by its express wording. An Irish State Pension is paid by a non-UK government, which is precisely the type of payment that paragraph identifies as outside its definition of UK public funds.

Carers UK's conclusion is consistent with that interpretation. Its email expressly states that it would not expect your Irish pension to affect Carer's Allowance under the overlapping-benefit rule.

I cannot yet confirm that this conclusively guarantees continued payment. The international-coordination provisions must also be considered, and the relevant rules and any applicable transitional protections need to be applied to your circumstances.

I would therefore not dismiss your argument on the basis of the general UK State Pension rule. Equally, I would not want you to rely on an unconfirmed interpretation when your existing Carer's Allowance is important to your household finances.'

I have gone directly to the Horse. I have sent a message to the Carers Allowance Unit through their portal and should receive an 'official' response in writing in 10 Days.

Regards,

Phil