Social Welfare (Consolidation) Act, 1981

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CHAPTER 11

Widow's (Contributory) Pension

Title to pension.

[1952, s. 22; 1960 AM, s. 6; 1974 (No.2), s. 18]

92.—(1) Subject to this Act, a widow shall be entitled to a widow's (contributory) pension if the contribution conditions set out in section 93 are satisfied by her or by her husband's insurance or if her husband was entitled to an old age (contributory) pension or a retirement pension at an increased weekly rate by virtue of section 81 (1) or section 86 (1) in respect of a period ending on his death.

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

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

[1979, s. 24]

(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.

[1935 WOPS, s. 3; 1952, s. 109; 1969 MP, s. 9; 1970, s. 29]

(5) In this Chapter—

“qualified child” means a qualified child as defined in section 2 (1) and includes a person who is over the age of 18 years and under the age of 21 years, is receiving full-time instruction by day at any university, college, school or other educational establishment and would, if he were under the age of 18 years, be a qualified child as so defined;

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

(6) For the purposes of this Chapter “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 93 (1)(b).