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SOCIAL WELFARE ACT, 1997
Widow's and Widower's (Non-Contributory) Pension
Widow's and widower's (non-contributory) pension.
19. —Chapter 6 of Part III of the Principal Act is hereby amended by the substitution for sections 142 to 147 (as amended by section 13 of the Act of 1994) of the following sections:
142.—(1) In this Chapter, save where the context otherwise requires—
‘pension’ means a widow's (non-contributory) pension in the case of a widow and a widower's (non-contributory) pension in the case of a widower;
‘weekly means’ shall 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 II of the Third Schedule, and
(b) a widow who has remarried shall not be regarded as the widow of her former husband and a widower who has remarried shall not be regarded as the widower of his former wife.
Entitlement to pension.
143.—(1) Subject to this Act, a pension shall be payable to a widow or a widower.
(2) A pension payable to a widow or widower shall, subject to this Chapter, continue to be payable unless the beneficiary remarries and in such a case the pension shall cease as and from the beneficiary's remarriage.
Rate of pension.
144.—(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 I of the Fourth Schedule.
(2) A pension shall be payable—
(a) where the weekly means of the claimant or beneficiary do not exceed £6, at the scheduled rate, and
(b) where such weekly means exceed £6, at the scheduled rate reduced by £2 for each amount (if any) of £2 by which those weekly means exceed £6, any fraction of £2 in those weekly means being treated for this purpose as £2:
Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the pension would be payable is less than £2, the pension shall not be payable.
145.—The weekly rate of pension payable in accordance with section 144 shall be increased—
(a) by the amount set out in column (6) of Part I of the Fourth Schedule where the beneficiary has attained pensionable age and is living alone, and
(b) by the amount set out in column (7) of Part I of the Fourth Schedule where the beneficiary has attained the age of 80 years.
146.—A widow or widower, as the case may be, shall not, if and so long as she or he and any person are cohabiting as husband and wife, be entitled to and shall be disqualified for receiving payment of pension.
Provisions against double pensions.
147.—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 209.”.
Amendments consequential on section 19 .
20. —(1) Each provision of the Principal Act mentioned in column (1) of Schedule E to this Act is hereby amended in the manner specified in column (2) of that Schedule.
(2) In the Principal Act and in any other enactment every reference to a widow's (non-contributory) pension shall be construed as a reference to a widow's (non-contributory) pension or a widower's (non-contributory) pension, as the case may require.
(3) Section 150 of the Principal Act is hereby amended by the renumbering of that section as subsection (1) thereof and the insertion of the following subsection:
“(2) In this section, ‘pension’ means a widow's (non-contributory) pension, a widower's (non-contributory) pension or an orphan's (non-contributory) pension, as the case may require.”.
Commencement (Part V).
21. —This Part shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions.