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26 2005

Social Welfare Consolidation Act 2005

Chapter 18

Widow's (Contributory) Pension or Widower's (Contributory) Pension

Interpretation.

[1994 s11; 1996 s27(2), 28(1) & Sch G]

123. —In this Chapter—

“pension” means a widow's (contributory) pension in the case of a widow and a widower's (contributory) pension in the case of a widower;

“relevant time” means—

(a) where the contribution conditions are being satisfied on the widow's or widower's insurance record—

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

(ii) where the widow or widower attained pensionable age before the date of the spouse'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 insurance record—

(i) the date on which the spouse attained pensionable age, or

(ii) where the spouse 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 or deceased spouse (as the case may be) has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified in section 125 (1)(b).

Entitlement to pension.

[1994 s11; 1996 s27(2) & Sch G]

124. —(1) Subject to this Act, a widow or widower shall be entitled to pension—

(a) where the contribution conditions set out in section 125 are satisfied on either the insurance record of the widow or widower or that of his or her deceased spouse,

(b) where the widow's or widower's spouse was entitled to an old age (contributory) pension or a retirement pension 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 death, or

(c) where his or her spouse would have been entitled to an old age (contributory) pension or a retirement pension at an increased weekly rate by virtue of section 112 (1) or 117(1), but for the receipt by that widow or widower of an old age (non-contributory) pension, 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.

[1994 s11; 1996 s27(2) & Sch G]

(2) A pension shall not be payable to a widow or widower for any period after his or her remarriage.

[1994 s11; 1996 s27(2) & Sch G]

(3) A widow or widower shall be disqualified for receiving a pension if and so long as he or she and any person are cohabiting as husband and wife.

[1994 s11; 1996 s27(1) & Sch G]

(4) A person who, having ceased to be entitled to a pension by virtue of that person's remarriage, shall, on again becoming a widow or widower, be entitled to a pension at the rate which would have been payable had the person not remarried 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 remarried.

Conditions for receipt.

[1994 s11; 1996 s27(2) & Sch G]

125. —(1) The contribution conditions for pension are—

(a) that the widow or widower has qualifying contributions in respect of not less than 156 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 or widower'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 or widower's insurance record, they may be satisfied on his or her deceased spouse's insurance record (the widow's or widower's insurance record being disregarded).

[1994 s11]

(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.

[1994 s11; 1996 s27(2) & Sch G]

(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.

[1994 s11]

(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.

[1994 s11]

(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 .

[1994 s11]

(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.

[1994 s11]

(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).

[1994 s11]

(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).

Rate of pension.

[1994 s11; 1996 s27(2) & Sch G]

126. —Subject to this Act, the weekly rate of pension shall be as set out in column (2) of Part 1 of Schedule 2.

Increases (including increases for qualified children).

[1994 s11; 1996 s27(2) & Sch G]

127. —(1) The weekly rate of pension shall be increased by the amount set out in column (4) of Part 1 of Schedule 2 in respect of each qualified child who normally resides with the beneficiary.

[1994 s11; 1996 s27(2) & Sch G]

(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.

[1994 s11; 1996 s27(2) & Sch G]

(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.

[2001 s15(1)(h)]

(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.

Disregard of self-employment contributions in certain cases.

[1994 s11; 1996 s27(2) & Sch G]

128. —(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.

[1994 s11; 1995 s19(1)]

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

Certain claims.

[1994 s11; 1996 s27(2) & Sch G]

129. —(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.

[1994 s11]

(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.

[1994 s11; 1996 s27 & Sch G]

(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.

[1994 s11]

(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.

[1994 s11; 1996 s27 & Sch G]

(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.

[1994 s11]

(b) A widow 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.