First Previous (Chapter 5 Blind Pension) Next (Chapter 7 One-Parent Family Payment)

26 2005

Social Welfare Consolidation Act 2005

Chapter 6

Widow's (Non-Contributory) Pension, Widower's (Non-Contributory) Pension and Orphan's (Non-Contributory) Pension

Interpretation.

[1993 s142(1)]

162. —(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;

[2000 s17(2) & Sch E; 2005 (SW&P) s25 & Sch 3]

“weekly means” shall, subject to Rule 1(1) of Part 3 of Schedule 3, 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.

[1993 s142(2); 2005 (SW&P) s25 & Sch 3]

(2) For the purposes of this Chapter—

(a) means shall be calculated in accordance with the Rules contained in Part 3 of Schedule 3, 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.

[1993 s143(1); 1997 s19]

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

[1993 s143(3); 1997 s19]

(2) A pension payable to a widow or widower shall, subject to this Chapter, continue to be payable unless the beneficiary remarries and in that case the pension shall cease as and from the beneficiary's remarriage.

[2004 (MP) s17 & Sch 1]

(3) A person shall not be entitled to a pension under this section unless he or she is habitually resident in the State at the date of the making of the application for that pension.

Rate of pension.

[1993 s144(1); 1997 s19]

164. —(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 1 of Schedule 4.

[1993 s144(2); 2001 s37(1)]

(2) (a) A pension shall be payable—

(i) where the weekly means of the claimant or beneficiary do not exceed €7.60, at the scheduled rate, and

(ii) subject to paragraph (b), where the weekly means of the claimant or beneficiary exceed €7.60, at the scheduled rate reduced by €2.50 for each amount (if any) of €2.50 by which those weekly means exceed €7.60, any fraction of €2.50 in those weekly means being treated for this purpose as €2.50.

(b) Where the rate calculated under paragraph (a)(ii) at which, but for this paragraph, the pension would be payable is less than €2.50, the pension shall not be payable.

Increases.

[1993 s145; 2001 s15(1)(j)]

165. —The weekly rate of pension payable in accordance with section 164 shall be increased—

(a) by the amount set out in column (6) of Part 1 of Schedule 4 where the beneficiary has attained pensionable age and is living alone,

(b) by the amount set out in column (7) of Part 1 of Schedule 4 where the beneficiary has attained the age of 80 years, and

(c) by the amount set out in column (8) of Part 1 of Schedule 4 where the beneficiary has attained pensionable age and is ordinarily resident on an island.

Disqualification.

[1993 s146; 1997 s19]

166. —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.

Avoidance of double pension.

[1993 s147; 1997 s19]

167. —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 247 .

Entitlement to orphan's (non-contributory) pension.

[1993 s148(1)]

168. —(1) Subject to this Act, an orphan's (non-contributory) pension shall be payable in respect of an orphan.

[1993 s148(2)]

(2) Not more than one pension shall be payable in respect of any one orphan.

[1993 s148(3)]

(3) A pension shall not be payable in respect of an orphan in respect of whom an increase under section 127 (1) or 174(1) is claimable.

[2003 (MP) s9(1)(b)]

(4) A pension shall not be payable in respect of any period during which a payment is made under Article 14 of the Child Care (Placement of Children in Foster Care) Regulations 1995 (S.I. No. 260 of 1995) or Article 14 of the Child Care (Placement of Children with Relatives) Regulations 1995 (S.I. No. 261 of 1995).

[2004 (MP) s17 & Sch 1]

(5) A person shall not be entitled to a pension under this section unless he or she is habitually resident in the State at the date of the making of the application for that pension.

Rate of pension.

[1993 s149(1)]

169. —(1) The weekly rate (in this Chapter referred to as “the scheduled rate”) of orphan's (non-contributory) pension shall be the weekly rate set out in column (2) of Part 1 of Schedule 4.

[1993 s149(2); 2001 s37(1)]

(2) (a) An orphan's (non-contributory) pension shall be payable where—

(i) the weekly means of the claimant or beneficiary do not exceed €7.60, at the scheduled rate, and

(ii) subject to paragraph (b), those weekly means exceed €7.60, at the scheduled rate reduced by €2.50 for each amount (if any) of €2.50 by which those weekly means exceed €7.60, any fraction of €2.50 in those weekly means being treated for this purpose as €2.50.

(b) Where the rate calculated under paragraph (a)(ii) at which, but for this paragraph, the pension would be payable is less than €2.50, the pension shall not be payable.

Civil proceedings.

[1993 s150; 1997 s20(3)]

170. —(1) Where, in any civil proceedings in any court, it is shown to the satisfaction of the court that pursuant to a claim of or on behalf of a person a pension was allowed or awarded or that the amount of a pension payable to or in respect of a person was varied and that the pension as so allowed or awarded or as so varied was at any time in course of payment to the person to whom the pension was payable, that person shall, in each case, be presumed, unless the contrary is shown, to have been in receipt of a pension of the amount so allowed or awarded or as so varied, as the case may be, from the date on which the pension of the amount so allowed or awarded or as so varied, as the case may be, became payable until the date, if any, on which the amount of the pension is varied or further varied, as the case may be, or the date on which the pension ceases to be payable, whether by reason of the death of the person or otherwise, whichever should first occur.

[1997 s20(3)]

(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.

Payment of pension.

[1993 S151(1)]

171. —(1) Subject to this section, orphan's (non-contributory) pension shall be paid to the guardian of the orphan in respect of whom that pension is payable.

[2005 (SW&P) s19(b)]

(2) In this Chapter “guardian” means the person in whose care the orphan normally resides.

[1993 s151(2); 2005 (SW&P) s19(b)]

(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.