CHAPTER 16

Widow's (Contributory) Pension

[1992, s. 12]

100.—(1) Subject to this Act, a widow shall be entitled to widow's (contributory) pension—

(a) if the contribution conditions set out in section 101 are satisfied by her or by her husband's insurance,

(b) if her husband was entitled to an old age (contributory) pension or a retirement pension at an increased weekly rate by virtue of section 87(1) or section 91(1) in respect of a period ending on his death, or

(c) if her husband would have been entitled to an old age (contributory) pension or a retirement pension at an increased weekly rate by virtue of section 87(1) or section 91(1), but for the receipt by that woman of an old age (non-contributory) pension or a blind pension or a carer's allowance in her own right, in respect of a period ending on his death.

[1981, s. 92(2)]

(2) A widow's (contributory) pension shall not be payable to a woman for any period after her remarriage.

[1981, s. 92(3)]

(3) A widow shall be disqualified for receiving widow's (contributory) pension if and so long as she and any person are cohabiting as husband and wife.

[1981, s. 92(4)]

(4) A woman who becomes a widow while she is in receipt of or entitled to deserted wife's benefit shall, on becoming a widow, be entitled to a widow's (contributory) pension at the same rate as that of the deserted wife's benefit payable to her, whether or not the relevant contribution conditions for entitlement to such pension are satisfied in her case.

[1981, ss. 92(5), (6), 93(2)]

(5) In this Chapter—

“husband”, in relation to a woman who has been married more than once, refers only to her last husband;

“relevant time” means—

(a) the date of the husband's attaining pensionable age or dying under that age, or

(b) if the conditions are being satisfied on the widow's insurance record—

(i) the date of the husband's death, or

(ii) if the widow attained pensionable age before the date of the husband's death, the date on which she attained that age;

“yearly average” means the average per contribution year of contribution weeks in respect of which the husband (or claimant) has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified in section 101(1)(b).

[1981, s. 93(1)]

101.—(1) The contribution conditions for widow's (contributory) pension are—

(a) that the husband had qualifying contributions in respect of not less than 156 contribution weeks in the period beginning with his entry into insurance and ending immediately before the relevant time, and

(b) that, if at the relevant time, 4 years or longer has elapsed since the husband's entry into insurance—

(i) the yearly average for the 3 contribution years, or (if warranted by his 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 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, if those conditions are not satisfied on the husband's insurance record, they may be satisfied on the widow's insurance record (the husband's insurance record being disregarded).

[1981, s. 93(3)]

(2) Regulations may provide for modifications of the meaning of yearly average contained in section 100(5) or of the contribution conditions in this section.

[1981, s. 93(4)]

(3) Subject to subsection (4), regulations may provide for entitling to widow's (contributory) pension persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1)(b) is not satisfied.

[1981, s. 93(5)]

(4) Regulations for the purposes of subsection (3) shall provide that widow's (contributory) pension payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule, and the rates specified by the regulations may vary with the extent to which the contribution condition set out in subsection (1)(b) is satisfied, but any increase of benefit payable under section 105(1) shall be the same as if that condition had been fully satisfied.

[1993, s. 36(4)]

(5) Where a person becomes an employed contributor by virtue of paragraph (b) of section 9(1) and would not, apart from that paragraph, be an employed contributor, his entry into insurance by virtue thereof shall be deemed not to be an entry into insurance for the purposes of subsection (1) of this section and for those purposes his entry into insurance shall be deemed to occur when he first becomes an employed contributor by virtue of paragraph (a) of section 9(1).

[1981, s. 93(7)]

(6) (a) Entitlement to widow's (contributory) pension which is due to be determined by reference to the insurance record of a person who attained the age of 69 years before the 5th day of January, 1976, may be determined under the provisions of the Acts relating to social welfare in operation prior to the 1st day of July, 1974, if this would be to the advantage of the claimant.

(b) A widow who, under the provisions of the Acts relating to social welfare in operation prior to the 1st day of July, 1974, has been awarded widow's (contributory) pension on the basis of her own or her husband's insurance record at the date on which she or he attained the then pensionable age shall on and after the 1st day of July, 1974, have a right to such 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.

[1981, s. 93(8)]

(7) (a) Entitlement to widow's (contributory) pension which is due to be determined by reference to the insurance record of a person who attained the age of 68 years before the 3rd day of January, 1977, may be determined under the provisions of the Acts relating to social welfare in operation prior to the 1st day of April, 1975, if this would be to the advantage of the claimant.

(b) A widow who under the provisions of the Acts relating to social welfare in operation prior to the 1st day of April, 1975, has been awarded widow's (contributory) pension on the basis of her own or her husband's insurance record at the date on which she or he attained the then pensionable age shall on and after the 1st day of April, 1975, have a right to such 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.

[1981, s. 93(9)]

(8) (a) Entitlement to widow's (contributory) pension which is due to be determined by reference to the insurance record of a person who attained the age of 67 years before the 1st day of January, 1979, may be determined under the provisions of the Acts relating to social welfare in operation prior to the 1st day of October, 1977, if this would be to the advantage of the claimant.

(b) A widow who, under the provisions of the Acts relating to social welfare in operation prior to the 1st day of October, 1977, has been awarded widow's (contributory) pension on the basis of her own or her husband's insurance record at the date on which she or he attained the then pensionable age shall on and after the 1st day of October, 1977, have a right to such 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.

[1988, s. 30(b)]

(9) Subject to subsection (10), regulations may provide for entitling to widow's (contributory) pension a person who would be entitled thereto but for the fact that the contribution condition set out 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 .

[1988, s. 30(b)]

(10) Regulations for the purposes of subsection (9) shall provide that widow's (contributory) pension payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary with the extent to which the contribution condition set out in subsection (1)(b) is satisfied.

[1988, s. 14]

102.—For the purposes of section 101(1)(b), in the case of a person who became a self-employed contributor on the 6th day of April, 1988, and who at any time prior to that date was an employed contributor, the date on which the person first entered into insurance or the 6th day of April, 1988, whichever is more favourable, shall be regarded as the date of entry into insurance.

[1993, s. 20(1)]

103.—(1) In the case of any claim for widow's (contributory) pension made on or after the 6th day of April, 1993, where the insurance record of a person, who, having been a self-employed contributor, is being used to establish entitlement to widow's (contributory) pension, the contribution conditions contained in section 101 shall not be regarded as having been satisfied unless all self-employment contributions payable by him in accordance with section 18 have been paid.

[1993, s. 20(1)]

(2) Notwithstanding subsection (1), the Minister may, if he is satisfied that in all the circumstances of the case it would be appropriate to do so, direct that subsection (1) shall not be applied in that case.

[1981, s. 94]

104.—Subject to this Act, the weekly rate of widow's (contributory) pension shall be as set out in column (2) of Part I of the second Schedule .

[1982, s. 2(9)]

105.—(1) The weekly rate of widow's (contributory) pension shall be increased by the appropriate amount set out in column (4) or (5) of Part I of the second Schedule in respect of each qualified child who normally resides with the beneficiary.

[1981, s. 95(3)]

(2) The weekly rate of widow's (contributory) pension shall be increased by the amount set out in column (7) of Part I of the second Schedule where the beneficiary has attained pensionable age and is living alone.

[1990, s. 49(c)]

(3) The weekly rate of widow's (contributory) pension shall be increased by the amount set out in column (8) of Part I of the second Schedule where the beneficiary has attained the age of 80 years.