Survivors Benefits

Widow/ Widower Pension

The widower or widow’s contributory pension is payable to widow or widower satisfying contribution condition. It is a flat rate payment with  increases for qualified children.Widowed persons who are divorced may also qualify. Originally men did not qualify for the pension.

A widow includes a person who would have been a widow but for the dissolution of marriage. The dissolution must be valid. A person must have been validly married. Equivalent provisions apply to civil partners and surviving civil partners.

The provisions apply to dissolution and not annulment of marriage. It is argued that annulments of ostensible and apparent marriages should be treated in an equivalent fashion. It appear that European Convention on Human Rights does not require payment of the benefit to a member of an unmarried household or former homosexual couple by reason of as a breach of the Convention guarantees.

Retitled

The 2011 Act re-titles the widow’s (contributory) pension and widower’s (contributory) pension scheme following the enactment of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. It will now be titled the widow’s (contributory) pension, widower’s (contributory) pension and surviving civil partner’s (contributory) pension scheme.

Disqualification

In England and Wales, a widower or widow who is responsible for the murder or manslaughter of the spouse is not entitled to the pension.

A person is disqualified on remarriage or entry into a civil partnership, and he or she is also disqualified where he or she co-habits. It is not payable to a person who is imprisoned.

The widower’s pension is not payable to persons who have reached pension age. It is not payable to a person who has remarried, entered a civil partnership or is cohabiting. It is not payable to a person resident outside the State.

Contributions

The contribution conditions can be fulfilled made by the widow/widower or the deceased spouse. One must have

• at least 156 qualifying contributions and
•  an average of 39 in the previous three to five years paid or credited or at the date when he or she reach pension age.
• Alternatively, a person may have at least 48 paid or credited contributions since entry into insurance until the last contribution year.

The widowers contributory pension is at a flat rate, would increase for dependent children. Household benefits are available where the person is over 65, subject to a means test.

A widower’s contributory pension is not payable after re-marriage or where the person is cohabiting with another as  partners or as man and wife.

Death Grants

A bereavement grant was payable on the death of a pensioner, a qualified dependant of a pensioner a spouse or qualified child for whom the pensioner was receiving a supplement at the date death before 2014. It was also payable to an insured person or a spouse or the widow or widower of a deceased insured person or child.

The contribution condition, which apply where the person dies under 66  requires

• at least 156 contributions paid since employment
• 39 paid or credited in the second last year or
• an average of 39 paid or credited in the previous three to five years before the last year.
• There are alternative tests for contributions measured from the introduction of PRSI in 1979.

The bereavement grant was a lump sum of  €850.

Children

A special grant at a significantly higher rate (€8,000) applies when the spouse of a person with a dependent  dies. The payment is made to persons in receipt of certain social welfare pensions and having qualified children. There must be at least one child residing with him at the date of death or in gestation. The person must be entitled to a bereavement grant or certain other pensions.

Where a person dies entitled to a pension with a supplement for qualified children, it may continue to be paid to the child for up to six weeks.

The 2020 Act provided for an increase in the Widowed or Surviving Civil Partner Grant by €2,000 (from €6,000 to €8,000). The Widowed or Surviving Civil Partner Grant is a once-off payment designed to assist with the income support needs of a widow, widower, or surviving civil partner immediately following the death of her or his spouse.