We were contacted in 2009 by an 86 year old man who had been
interned without trial in Northern Ireland between
1957 and 1960. He was never charged with or
convicted of any offence. He had a full employment
record both before and after internment.
He was receiving State Retirement Pension at a reduced rate from
the UK because he did not receive national insurance
credits while interned. He had moved to the
Republic of Ireland in 1962.
We made an application for an award of credits for the period and
we appealed the refusal on human rights grounds.
The President of Appeal Tribunals heard the case and while he
agreed that there had been a breach of human rights,
he refused the appeal on the grounds that he did not
have the power to grant a remedy. We appealed to
the social security commissioner.
In the interim we corresponded with the office of the Secretary
of State for Northern Ireland and the Department of
Justice regarding a scheme in 1999 under which
contributions were made for those interned in the
1950s. In July this year, the Department of Justice
confirmed that it had made late payment of
contributions for the period to HMRC and the
Pensions Department is currently reviewing our
client’s pension entitlement.
He was understandably delighted with the result as
he had been told many times over many decades that
there was nothing that he could do about this