Survivors Benefits
SWCA ACT 2005
Chapter 18
Widow’s (Contributory) Pension or Widower’s (Contributory) Pension (ss. 123-129)
123.
Interpretation.
In this Chapter –
“civil partner” in relation to a surviving civil partner who has been party to a civil partnership more than once, refers only to the surviving civil partner’s last civil partner and for this purpose that last civil partner shall be read as including a party to a civil partnership that has been dissolved, being a dissolution that is recognised as valid in the State;
“pension” means a widow’s (contributory) pension in the case of a widow, a widower’s (contributory) pension in the case of a widower and a surviving civil partner’s (contributory) pension in the case of a surviving civil partner;
“relevant time” means –
(a)where the contribution conditions are being satisfied on the widow’s, widower’s or surviving civil partner’s insurance record –
(i)the date of the spouse’s or civil partner’s death, or
(ii)where the widow, widower or surviving civil partner attained pensionable age before the date of the spouse’s or civil partner’s death, the date on which he or she attained that age,
or
(b)where the contribution conditions are being satisfied on the deceased spouse’s or deceased civil partner’s insurance record –
(i)the date on which the spouse or civil partner attained pensionable age, or
(ii)where the spouse or civil partner died before attaining pensionable age, the date of his or her death;
“spouse”, in relation to a widow or widower who has been married more than once, refers only to the widow’s or widower’s last spouse and for this purpose that last spouse shall be read as including a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State;
“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;
“yearly average” means the average per contribution year of contribution weeks in respect of which the widow, widower, deceased spouse, surviving civil partner or deceased civil partner (as the case may be) has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified in section 125(1) (b) and where the average so calculated is a fraction of a whole number consisting of one-half or more it shall be rounded up to the nearest whole number and where it is a fraction of less than one-half it shall be rounded down to the nearest whole number.
124.
Entitlement to pension.
(1)Subject to this Act, a widow, widower or surviving civil partner shall be entitled to a pension –
(a)where the contribution conditions set out in section 125 are satisfied on either the insurance record of the widow, widower or surviving civil partner or that of his or her deceased spouse or deceased civil partner,
(b)where the widow’s or widower’s spouse or surviving civil partner’s civil partner was entitled to a State pension (contributory) or a State pension (transition) which included an increase in respect of him or her by virtue of section 112(1) or 117(1) in respect of a period ending on the spouse’s or civil partner’s death, or
(c)where his or her spouse or civil partner would have been entitled to a State pension (contributory) or a State pension (transition) at an increased weekly rate by virtue of section 112(1) or 117(1), but for the receipt by that widow, widower or surviving civil partner of a State pension (non-contributory), a blind pension or a carer’s allowance in his or her own right, in respect of a period ending on his or her death.
(2)A pension shall not be payable to a widow or widower or surviving civil partner for any period after his or her marriage or remarriage, or his or her entry into a civil partnership or a new civil partnership.
(3)A widow, widower or surviving civil partner shall be disqualified for receiving a pension if and so long as he or she is a cohabitant.
(4)A person who, having ceased to be entitled to a pension by virtue of that person’s marriage or remarriage, or his or her entry into a civil partnership or a new civil partnership shall, on again becoming a widow, widower or surviving civil partner, be entitled to a pension at the rate which would have been payable had the person not married, remarried, entered into a civil partnership or a new civil partnership where the person –
(a)fails to satisfy the conditions set out in subsection (1), or
(b)on satisfying the conditions set out in subsection (1), is entitled to a pension at a rate below that which would have been payable had the person not married, or remarried or not entered into a civil partnership or a new civil partnership.
125.
Conditions for receipt.
(1)The contribution conditions for pension are –
(a)that the widow, widower or surviving civil partner has qualifying contributions in respect of not less than 260 contribution weeks in the period beginning with his or her entry into insurance and ending immediately before the relevant time, and
(b)that, where at the relevant time, 4 years or longer has elapsed since the widow’s, widower’s or surviving civil partner’s entry into insurance –
(i)the yearly average for the 3 contribution years, or (where warranted by his or her insurance record) 5 contribution years, ending with the end of the last complete contribution year before the relevant time is not less than 39, or
(ii)the yearly average in respect of the period commencing at the beginning of the contribution year in which his or her entry into insurance occurred and ending at the end of the last complete contribution year before the relevant time is not less than 48,
but, where those conditions are not satisfied on the widow’s, widower’s or surviving civil partner’s insurance record, they may be satisfied on his or her deceased spouse’s or deceased civil partner’s insurance record (the widow’s, widower’s or surviving civil partner’s insurance record being disregarded).
(1A)Where the date of death occurs before 27 December 2013, subsection (1) (a) shall be read as if ‘156’ were substituted for ‘260’.
(2)Regulations may provide for modifications of the meaning of yearly average contained in section 123 or of the contribution conditions set out in this section.
(3)Subject to subsection (4), regulations may provide for entitling to pension a person who would be entitled to that pension but for the fact that the contribution condition in subsection (1) (b) is not satisfied.
(4)Regulations for the purposes of subsection (3) shall provide that pension payable by virtue of those regulations shall be payable at a rate less than that specified in Schedule 2, and the rates specified by the regulations may vary with the extent to which the contribution condition in subsection (1) (b) is satisfied, but any increase of pension payable under section 127 (1) shall be the same as if that condition had been fully satisfied.
(5)Subject to subsection (6), regulations may provide for entitling to pension a person who would be entitled to that pension but for the fact that the contribution condition in subsection (1) (b) is not satisfied by reference to the insurance record of a person where that person, having earlier ceased to be an employed contributor, became an employed contributor as a consequence of the coming into operation of section 12 of the Social Welfare Act 1973.
(6)Regulations for the purposes of subsection (5) shall provide that pension payable by virtue of those regulations shall be payable at a rate less than that specified in Schedule 2, and the rates specified by the regulations may vary with the extent to which the contribution condition in subsection (1) (b) is satisfied.
(7)Where a person becomes an employed contributor by virtue of paragraph (b) of section 12 (1) and would not, apart from that paragraph, be an employed contributor, his or her entry into insurance by virtue of that paragraph is deemed not to be an entry into insurance for the purposes of subsection (1) and for those purposes the person’s entry into insurance is deemed to occur when he or she first becomes an employed contributor by virtue of paragraph (a) of section 12 (1).
(8)In the case of a person who became a self-employed contributor on 6 April 1988 and who at any time before that date was an employed contributor, the date on which the person first entered into insurance or 6 April 1988, whichever is more favourable, shall be regarded as the date of entry into insurance for the purposes of subsection (1) (b).
126.
Rate of pension.
Subject to this Act, the weekly rate of pension shall be as set out in column (2) of Part 1 of Schedule 2.
127.
Increases (including increases for qualified children).
(1)The weekly rate of pension shall be increased by the amount set out –
(a)in column (4) of Part 1 of Schedule 2 in respect of each qualified child who has not attained the age of 12 years who normally resides with the beneficiary, and
(b)in column (5) of Part 1 of Schedule 2 in respect of each qualified child who has attained the age of 12 years who normally resides with the beneficiary.
(2)The weekly rate of pension shall be increased by the amount set out in column (6) of Part 1 of Schedule 2 where the beneficiary has attained pensionable age and is living alone.
(3)The weekly rate of pension shall be increased by the amount set out in column (7) of Part 1 of Schedule 2 where the beneficiary has attained the age of 80 years.
(4)The weekly rate of pension shall be increased by the amount set out in column (8) of Part 1 of Schedule 2 where the beneficiary has attained pensionable age and is ordinarily resident on an island.
128. Disregard of self-employment contributions in certain cases.
(1)In the case of any claim for pension made on or after 6 April 1995, where the insurance record of a person who, having been a self-employed contributor, is being used to establish entitlement to pension, the contribution conditions contained in section 125 shall not be regarded as having been satisfied unless, in accordance with section 21 –
(a)the person has paid self-employment contributions in respect of at least 1 contribution year before the relevant time, and
(b)all self-employment contributions payable by the person have been paid.
(2)A pension shall not be payable in respect of any period preceding the date on which all self-employment contributions, referred to in subsection (1) (b), payable by the person concerned have been paid.
(3)Where the person has paid all contributions due under subsection (1) (b) other than contributions payable in respect of the last complete contribution year before the relevant time, subsection (2) shall not apply in respect of such person.
(4)Subsection (2) shall not apply to a claim for pension made on or before 31 December 2009.
129.
Certain claims.
(1)
(a)Entitlement to pension which is due to be determined by reference to the insurance record of a person who attained the age of 69 years before 5 January 1976 may be determined under the provisions of the Acts relating to social welfare in operation before 1 July 1974 where this would be to the advantage of the widow or surviving civil partner.
(b)A widow who, under the provisions of the Acts relating to social welfare in operation before 1 July 1974, has been awarded a pension on the basis of her own or her spouse’s insurance record at the date on which she or her spouse attained the then pensionable age shall on and after 1 July 1974 have a right to that pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in her case under those provisions.
(2)
(a)Entitlement to pension which is due to be determined by reference to the insurance record of a person who attained the age of 68 years before 3 January 1977, may be determined under the provisions of the Acts relating to social welfare in operation before 1 April 1975 where this would be to the advantage of the widow or surviving civil partner.
(b)A widow who, under the provisions of the Acts relating to social welfare in operation before 1 April 1975, has been awarded a pension on the basis of her own or her spouse’s insurance record at the date on which she or her spouse attained the then pensionable age shall on and after 1 April 1975 have a right to that pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in her case under those provisions.
(3)
(a)Entitlement to pension which is due to be determined by reference to the insurance record of a person who attained the age of 67 years before 1 January 1979 may be determined under the provisions of the Acts relating to social welfare in operation before 1 October 1977 where this would be to the advantage of the widow or surviving civil partner.
(b)A widow or surviving civil partner who, under the provisions of the Acts relating to social welfare in operation before 1 October 1977, has been awarded a pension on the basis of her own or her spouse’s insurance record at the date on which she or her spouse attained the then pensionable age shall on and after 1 October 1977 have a right to that pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in her case under those provisions.
Chapter 19
Orphan’s (Contributory) Allowance (ss. 130-133)
130.
Entitlement to allowance.
(1)Subject to this Act, guardian’s payment (contributory) shall be payable in respect of an orphan where the contribution condition in section 131 is satisfied.
(2)Guardian’s payment (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.
131.
Condition for receipt.
(1)The contribution condition for guardian’s payment (contributory) is that one of the following persons has qualifying contributions for not less than 26 contribution weeks –
(a)a parent of the orphan,
(b)a step-parent of the orphan.
(2)Regulations may provide for modifications of the contribution condition set out in this section.
132.
Rate of allowance.
Subject to this Part, the weekly rate of guardian’s payment (contributory) shall be as set out in Part 1 of Schedule 2.
133.
Payment of allowance.
(1)Subject to subsection (3), guardian’s payment (contributory) shall be paid to the guardian of the orphan in respect of whom the payment is payable.
(2)In this Chapter “guardian” means the person in whose care an 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.
Chapter 20
Bereavement Grant (ss. 134-136)
134.
Entitlement to grant.
(1)Subject to this Act, a bereavement grant shall be payable to the person or persons that may be prescribed –
(a)on the death, before 1 January 2014, of –
(i)a pensioner,
(ii)a qualified adult,
(iii)a spouse, civil partner or cohabitant of a pensioner,
(iv)a qualified child in respect of whom an increase of pension specified in paragraphs (a) to (f) in the definition of “pensioner” in subsection (3) was being paid at the time of death,
(v)an orphan, or
(vi)a person to whom a guardian’s payment (contributory) is payable under section 133,
or
(b)where the contribution conditions in section 135 are satisfied, on the death, before 1 January 2014, of –
(i)an insured person,
(ii)the spouse, civil partner or cohabitant of an insured person,
(iii)the widow, widower or surviving civil partner of a deceased insured person, or
(iv)a qualified child other than a qualified child referred to in paragraph (a) (iv).
(2)Only one bereavement grant shall be paid by virtue of this section on any one death.
(3)In this Chapter –
“orphan” means a person in respect of whom a guardian’s payment (contributory) is payable under Chapter 19;
“pensioner” means a person who, at the time of his or her death, was in receipt of one of the following payments –
(a)State pension (contributory),
(b)State pension (transition),
(c)invalidity pension,
(d)widow’s (contributory) pension,
(e)widower’s (contributory) pension,
(f)deserted wife’s benefit or,
(g)surviving civil partner’s (contributory) pension
or would have been in receipt of one of those payments but for receipt by the person of a State pension (non-contributory), a blind pension, a widow’s (non-contributory) pension or widower’s (non-contributory) pension a surviving civil partner’s (non-contributory) pension or a carer’s allowance at a higher rate;
“qualified adult” means a person in respect of whom an increase of benefit specified in paragraphs (a) to (c) in the definition of “pensioner” was being paid at the time of death, or in respect of whom that increase would have been payable but for the receipt by the qualified adult of a State pension (non-contributory), a blind pension or a carer’s allowance in his or her own right;
“qualified child”, in section 134 (1) (b), means a person –
(a)a person –
(i)who, at the date of death, is under the age of 18 years or over the age of 18 years and under the age of 22 years, and is receiving full-time education, the circumstances of which will be specified in regulations,
(ii)who is ordinarily resident in the State on that date, and
(iii)in respect of whose death the relevant contribution conditions for bereavement grant are not satisfied by the person’s insurance or the insurance of that person’s spouse or civil partner,
or
(b)a person who, at the date of death, is over the age of 16 years and under the age of 22 years and is in receipt of disability allowance;
“relevant date” means the date of death of the deceased person or the date of death of the relevant insured person or the date of attainment of pensionable age of the relevant insured person, whichever occurs first, whether the deceased is the relevant insured person or not;
“relevant insured person” means –
(a)in case the deceased person was a qualified child –
(i)the father or mother of the deceased person,
(ii)the person with whom the deceased person at the date of death is determined, in accordance with regulations made under section 3 (5), to have been normally residing or with whom he or she would have been normally so residing if he or she had not been committed to a children detention school, or
(iii)the spouse or, civil partner of the person referred to in subparagraph (ii),
or
(b)in any other case, the deceased person or the spouse of the deceased person;
“yearly average” means the average per contribution year of contribution weeks in respect of which the relevant insured person has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified in section 135(1) (b) (ii) and where the average so calculated is a fraction of a whole number consisting of one-half or more it shall be rounded up to the nearest whole number and where it is a fraction of less than one-half it shall be rounded down to the nearest whole number.
135.
Conditions for receipt.
(1)The contribution conditions for a bereavement grant are that before the relevant date the relevant insured person has qualifying contributions in respect of not less than –
(a)156 contribution weeks since his or her entry into insurance, or
(b)26 contribution weeks since his or her entry into insurance, and
(i)has qualifying contributions, voluntary contributions or credited contributions in respect of not less than 39 contribution weeks in the second last complete contribution year before the beginning of the benefit year in which the relevant date occurs, or
(ii)has a yearly average of 39 qualifying contributions, voluntary contributions or credited contributions for the 3 or 5 complete contribution years immediately before the last complete contribution year before the beginning of the benefit year in which the relevant date occurs, or
(iii)has a yearly average of 26 qualifying contributions, voluntary contributions or credited contributions since his or her entry into insurance or the beginning of the contribution year beginning on 6 April 1979 (whichever is the later) and ending at the end of the last complete contribution year before the beginning of the benefit year in which the relevant date occurs, or
(iv)has a yearly average of 26 qualifying contributions, voluntary contributions or credited contributions since his or her entry into insurance or the beginning of the contribution year next following 1 October 1970 (whichever is the later) and ending at the end of the last complete contribution year before the beginning of the benefit year in which the relevant date occurs.
(2)Regulations may provide for modifications of the contribution conditions for receipt of bereavement grant.
(3)Regulations may provide for modifications of the contribution conditions for bereavement grant in the case of a person who was an insured person on 1 October 1970 and who, during the year after that date, was absent from the State for any period or was credited with contributions in respect of any period of unemployment, incapacity for work or retirement or is or becomes a voluntary contributor paying contributions at the rate specified in section 25 (1) (b) (ii).
136.
Amount of grant.
Subject to this Act, the amount of bereavement grant shall be as set out in column (2) of Part 5 of Schedule 2.
Chapter 21
Widowed Parent Grant (s. 137)
137.
Entitlement to widowed or surviving civil partner grant.
(1)Subject to this Act, a grant (in this section referred to as a “widowed or surviving civil partner grant”) of €8,000 or any higher amount that may be prescribed, shall be paid to a widow, widower or surviving civil partner on the death of his or her spouse or civil partner who –
(a)is entitled to or in receipt of bereavement grant, or
(b)is entitled to or in receipt of –
(i)death benefit under section 81,
(ii)widow’s (contributory) pension under Chapter 18 of Part 2,
(iii)widower’s (contributory) pension under Chapter 18 of Part 2,
(iv)widow’s (contributory) pension under Chapter 18 of Part 2 or widower’s (contributory) pension under Chapter 18 of Part 2 by virtue of Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004 or by virtue of a reciprocal agreement under section 287,
(v)one-parent family payment,
(vi)State pension (non-contributory), or
(vii)surviving civil partner (con-tributory) pension under Chapter 18 of Part 2,
which includes an increase in respect of a qualified child.
(2)In this Chapter –
“spouse” includes a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State and in relation to a widow or widower who has been married more than once, refers only to the widow’s or widower’s last spouse;
“surviving civil partner” means a surviving civil partner who has at least one qualified child who normally resides with him or her at the date of death of his or her civil partner;
“widow” means a person who has at least one qualified child who normally resides with her at the date of death of her spouse or whose child is born within 10 months of the date of death of her spouse, and includes 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 person who has at least one qualified child who normally resides with him at the date of death of his spouse, and includes 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.