Social Welfare (Consolidation) Act, 1981
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Conditions for receipt. [1952, Sch. 4; 1966 MP, s. 12; 1978 AM, s.13] |
93.—(1) The contribution conditions for a 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). | ||
[1960 AM, s. 16] | ||
(2) In this section— | ||
“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. | ||
[1952, s. 14] | ||
(3) Regulations may provide for modifications of the meaning of yearly average contained in section 92 (6) or of the contribution conditions in this section but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House. | ||
[1952, s. 28A; 1960 AM, s. 10; 1966 MP, s. 6] | ||
(4) Subject to subsection (5), 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. | ||
[1966 MP, s. 6] | ||
(5) Regulations for the purposes of subsection (4) 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 95 (1) shall be the same as if that condition had been fully satisfied. | ||
[1967 MP, s. 11] | ||
(6) Where a person becomes an employed contributor by virtue of section 65 (1) and would not, apart from that section, be an employed contributor, his entry into insurance by virtue of that section 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 section 5 . | ||
[1974 (No. 2), s. 11] | ||
(7) (a) Entitlement to a 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 5th January, 1976, may be determined under the provisions of the Social Welfare Acts in operation prior to 1st July, 1974, if this would be to the advantage of the claimant. | ||
(b) A widow who under the provisions of the Social Welfare Acts in operation prior to 1st July, 1974, has been awarded a 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 1st 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. | ||
[1975, s. 10] | ||
(8) (a) Entitlement to a 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 3rd January, 1977, may be determined under the provisions of the Social Welfare Acts in operation prior to 1st April, 1975, if this would be to the advantage of the claimant. | ||
(b) A widow who under the provisions of the Social Welfare Acts in operation prior to 1st April, 1975, has been awarded a 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 1st 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. | ||
[1977, s. 13] | ||
(9) (a) Entitlement to a 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 1st January, 1979, may be determined under the provisions of the Social Welfare Acts in operation prior to 1st October, 1977, if this would be to the advantage of the claimant, | ||
(b) A widow who, under the provisions of the Social Welfare Acts in operation prior to 1st October, 1977, has been awarded a 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 1st 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. |