Survivors Allowances

SWCA 2005

Chapter 6

Widow’s (Non-Contributory) Pension, Widower’s (Non-Contributory) Pension and Orphan’s (Non-Contributory) Pension (ss. 162-171)

162.

Interpretation.

(1)In this Chapter, save where the context otherwise requires –

“pension” means –
(a)a widow’s (non-contributory) pension in the case of a widow,
(b)a widower’s (non-contributory) pension in the case of a widower, and
(c)a surviving civil partner’s (non-contributory) pension in the case of a surviving civil partner;

“weekly means” shall, subject to Rule 1(1) of Part 5 of Schedule 3, be the yearly means divided by 52;

“widow” means a widow or a woman who would otherwise be a widow but for the fact that her marriage has been dissolved, being a dissolution that is recognised as valid in the State;

“widower” means a widower or a man who would otherwise be a widower but for the fact that his marriage has been dissolved, being a dissolution that is recognised as valid in the State.

(2)For the purposes of this Chapter –

(a)means shall be calculated in accordance with the Rules contained in Part 5 of Schedule 3,

(b)a widow who has remarried or entered into a civil partnership shall not be regarded as the widow of her former spouse and a widower who has remarried or entered into a civil partnership shall not be regarded as the widower of his former spouse, and

(c)a surviving civil partner who has entered into a new civil partnership or has married shall not be regarded as the surviving civil partner of his or her former civil partner.

163.

Entitlement to pension.

(1)Subject to this Act, a pension shall be payable to a widow, widower or surviving civil partner who has not attained pensionable age.

(2)A pension payable to a widow, widower or surviving civil partner shall, subject to this Chapter, continue to be payable unless the beneficiary marries or remarries or enters into a civil partnership or a new civil partnership and in that case the pension shall cease as and from the beneficiary’s marriage or remarriage or entry into a civil partnership or a new civil partnership.

(3)A person shall not be entitled to a pension under this section unless he or she is habitually resident in the State.

164. Rate of pension.
(1)The rate (in this Chapter referred to as “the scheduled rate”) of pension shall be the weekly rate set out in column (2) of Part 1 of Schedule 4.

(2)

(a)A pension shall be payable –

(i)where the weekly means of the claimant or beneficiary do not exceed €7.60, at the scheduled rate, and

(ii)subject to paragraph (b), where the weekly means of the claimant or beneficiary exceed €7.60, at the scheduled rate reduced by €2.50 for each amount (if any) of €2.50 by which those weekly means exceed €7.60, any fraction of €2.50 in those weekly means being treated for this purpose as €2.50.

(b)Where the rate calculated under paragraph (a) (ii) at which, but for this paragraph, the pension would be payable is less than €2.50, the pension shall not be payable.

165. Increases.
Deleted from 29 September 2006
The weekly rate of pension payable in accordance with section 164 shall be increased –

(a)by the amount set out in column (6) of Part 1 of Schedule 4 where the beneficiary has attained pensionable age and is living alone,

(b)by the amount set out in column (7) of Part 1 of Schedule 4 where the beneficiary has attained the age of 80 years, and

(c)by the amount set out in column (8) of Part 1 of Schedule 4 where the beneficiary has attained pensionable age and is ordinarily resident on an island.

166. Disqualifications.
A widow, widower or surviving civil partner, as the case may be, shall not, if and so long as he or she is a cohabitant, be entitled to and shall be disqualified for receiving payment of pension.

167.

Avoidance of double pension.

Where a widow or widower would, but for this section, be entitled to both a widow’s (contributory) pension or a widower’s (contributory) pension, as the case may be, and a pension under this Chapter, the latter pension shall not be payable except insofar as is provided by regulations under section 247.

167A.

Avoidance of double pensions in relation to surviving civil partner’s (contributory) pension.

Where a surviving civil partner would, but for this section, be entitled to both a surviving civil partner’s (contributory) pension and a pension under this Chapter, the latter pension shall not be payable except insofar as is provided by regulations under section 247.

168.

Entitlement to a guardian’s payment (non-contributory).

(1)Subject to this Act, a guardian’s payment (non-contributory) shall be payable in respect of an orphan.

(2)Not more than one payment shall be payable in respect of any one orphan.

(3)A payment shall not be payable in respect of an orphan in respect of whom an increase under section 127 (1) or 174(1) is claimable.

(4)Guardian’s payment (non-contributory) shall not be payable for any period during which a payment is made in respect of a child under Part VI of the Child Care Act 1991 and regulations made thereunder.

(5)A person shall not be entitled to a payment under this section unless he or she is habitually resident in the State.

169.

Rate of pension.

(1)The weekly rate (in this Chapter referred to as “the scheduled rate”) of guardian’s payment (non-contributory) shall be the weekly rate set out in column (2) of Part 1 of Schedule 4.

(2)

(a)A guardian’s payment (non-contributory) shall be payable where –

(i)the weekly means of the orphan do not exceed €7.60, at the scheduled rate, and

(ii)subject to paragraph (b), those weekly means exceed €7.60, at the scheduled rate reduced by €2.50 for each amount (if any) of €2.50 by which those weekly means exceed €7.60, any fraction of €2.50 in those weekly means being treated for this purpose as €2.50.

(b)Where the rate calculated under paragraph (a) (ii) at which, but for this paragraph, the payment would be payable is less than €2.50, the payment shall not be payable.

170.

Civil proceedings.

(1)Where, in any civil proceedings in any court, it is shown to the satisfaction of the court that pursuant to a claim of or on behalf of a person a pension was allowed or awarded or that the amount of a pension payable to or in respect of a person was varied and that the pension as so allowed or awarded or as so varied was at any time in course of payment to the person to whom the pension was payable, that person shall, in each case, be presumed, unless the contrary is shown, to have been in receipt of a pension of the amount so allowed or awarded or as so varied, as the case may be, from the date on which the pension of the amount so allowed or awarded or as so varied, as the case may be, became payable until the date, if any, on which the amount of the pension is varied or further varied, as the case may be, or the date on which the pension ceases to be payable, whether by reason of the death of the person or otherwise, whichever should first occur.

(2)In this section “pension” means a widow’s (non-contributory) pension, a widower’s (non-contributory) pension, a surviving civil partner’s (non-contributory) pension or a guardian’s payment (non-contributory), as the case may require.

171.

Payment of pension.

(1)Subject to this section, guardian’s payment (non-contributory) shall be paid to the guardian of the orphan in respect of whom that payment is payable.

(2)In this Chapter “guardian” means the person in whose care the orphan normally resides.

(3)The Minister may, where he or she thinks fit, direct that a payment under this Chapter, payable to the guardian of an orphan, be paid to some other person for the benefit of the orphan or, subject to the conditions and in the circumstances that may be prescribed, directly to an orphan who has attained the age of 18 years where that orphan is not normally residing with a guardian.