Social Welfare Consolidation Act 2005
Conditions for receipt.
[1994 s11; 1996 s27(2) & Sch G]
125.—F768[(1) The contribution conditions for pension are—
(a) that the bereaved partner has qualifying contributions in respect of not less than 260 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 bereaved partner’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 bereaved partner’s insurance record, they may be satisfied on his or her deceased partner’s insurance record, (the bereaved partner’s insurance record being disregarded).]
F769[(1A) Where the date of death occurs before 27 December 2013, subsection (1)(a) shall be read as if ‘156’ were substituted for ‘260’.]
[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).
Annotations
Amendments:
F768
Substituted (21.07.2025) by Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025 (8/2025), s. 10, commenced on enactment.
F769
Inserted (27.12.2013) by Social Welfare Act 2011 (37/2011), s. 6(1)(b), commenced as per subs. (2).
Modifications (not altering text):
C47
Term "entry into insurance" in section construed (25.03.2014) by European Union (Transfer of Pension Rights to and from Pension Scheme of European Union’s Institutions) Regulations 2014 (S.I. No. 153 of 2014), art. 17, in effect as per art. 2. {Note the text of article 15(1) and related articles appears in a C-Note following s. 6.}
Date of entry into insurance in certain circumstances.
17. Notwithstanding section 2(1) and Chapters 15, 16 and 18 of Part 2 of the Principal Act, where—
(a) contributions are treated as paid in respect of a relevant person in accordance with article 15(1), and
(b) before becoming a relevant person, that person—
(i) has not been an employed contributor or a self-employed contributor, or
(ii) has been an employed contributor by virtue of section 12(1)(b) of the Principal Act only,
“entry into insurance” in relation to that person means the first day of the earliest contribution year in respect of which contributions are treated as paid in accordance with article 15(1) and that date shall be regarded as the date of entry into insurance for the purposes of sections 109(1), 115(1) and 125 of the Principal Act.
C48
Application of subs. (1)(a) and (1)(b) modified (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 14 of 2007), art. 82—made pursuant to s. 363(1) of this Act— in effect as per art. 2.
Reckoning of contributions paid under Widows’ and Orphans’ Acts
82. (1) In determining whether the contribution condition for pension contained in section 125(1)(a) has been satisfied in respect of an existing pensions contributor—
(a) entry into insurance under the Widows’ and Orphans’ Pensions Acts shall be treated as entry into insurance under the Principal Act, and
(b) every 2 contributions paid by or in respect of such contributor under the Widows’ and Orphans’ Pensions Acts shall be treated as 3 employment contributions paid under the Principal Act and any odd contribution shall be treated as 2 employment contributions paid under the said Act.
(2) For the purposes of section 125(1)(b) and article 80, the following provisions shall have effect in relation to an existing pensions contributor—
(a) in determining whether the contribution condition for pension contained in the said section or article, as the case may be, has been satisfied every 2 contributions paid or excused or deemed to have been, or treated as, paid by or in respect of such contributor under the Widows’ and Orphans’ Pensions Acts since the date of such contributor’s entry into insurance under the said Acts shall be treated as 3 contributions paid or credited under the Principal Act and any odd contribution under the Widows’ and Orphans’ Pensions Act shall be treated as 2 contributions paid or credited under the said Principal Act,
(b) any period which is a period of insurance for the purposes of the said Acts commencing with the date of such contributor’s entry into insurance under the said Acts shall be treated as a period of insurance under the Principal Act and contribution years in any such period shall be treated as contribution years under the said Act but in relation to a male existing pensions contributor the period from 2 July 1951 to the 4 January 1953, shall be treated as one contribution year, and
(c) entry into insurance under the Widows’ and Orphans’ Pensions Acts may be treated as entry into insurance under the Principal Act.
Editorial Notes:
E919
Power pursuant to subs. (3) and (5) exercised (3.01.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 20) (Change in Rates) Regulations 2024 (S.I. No. 747 of 2024), art. 3(i) and sch. 9—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 11—in effect as per art. 2(f).
E920
Power pursuant to subs. (3) and (5) exercised (29.07.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Bereaved Partner’s Pension) Regulations 2025 (S.I. No. 376 of 2025), art. 3(b), which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 80 and 81.
E921
Previous affect provision: power pursuant to subs. (3) and (5) exercised (5.01.2024) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 11) (Change in Rates) Regulations 2023 (S.I. No. 684 of 2023), art. 3(i) and sch. 9—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 11—in effect as per art. 2(f); substituted (3.01.2025) as per E-Note above.
E922
Previous affect provision: power pursuant to subs. (3) and (5) exercised (6.01.2023) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 16) (Change in Rates) Regulations 2022 (S.I. No. 718 of 2022), art. 3(i) and sch. 9—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 11—in effect as per art. 2(f); substituted (5.01.2024) as per E-Note above.
E923
Previous affect provision: power pursuant to subs. (3) and (5) exercised (7.01.2022) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 19) (Change in Rates) Regulations 2021 (S.I. No. 780 of 2021), art. 5(i) and sch. 9—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 11—in effect as per art. 3(g); substituted (6.01.2023) as per E-Note above
E924
Previous affect provision: power pursuant to subs. (3) and (5) exercised (29.03.2019) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (Change in Rates) Regulations 2019 (S.I. No. 102 of 2019), art. 3(h) and sch. 8—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 11—in effect as per art. 2f); substituted (7.01.2022) as per E-Note above.
E925
Previous affect provision: power pursuant to subs. (3) and (5) exercised (on dates between 30.03.2018 and 6.04.2018) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Change in Rates) Regulations 2018 (S.I. No. 102 of 2018), art. 4(i) and sch. 9—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 11—in effect as per art. 3(e); substituted (29.03.2019) as per E-Note above.
E926
Previous affect provision: power pursuant to subs. (3) and (5) exercised (on dates between 10.03.2017 and 17.03.2017) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Change in Rates) Regulations 2017 (S.I. No. 64 of 2017), art. 4(i) and sch. 9—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 11—in effect as per art. 3(e); substituted (on dates between 30.03.2018 and 6.04.2018) as per E-Note above.
E927
Previous affect provision: power pursuant to subs. (3) and (5) exercised (8.01.2016) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 9) (Change in Rates) Regulations 2015 (S.I. No. 598 of 2015), art. 3(g) and sch. 7—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 11—in effect as per art. 2(b); substituted (on dates between 10.03.2017 and 17.03.2017) as per E-Note above.
E928
Previous affect provision: subs. (1)(a) substituted (27.12.2013) by Social Welfare Act 2011 (37/2011), s. 6(1)(a), commenced as per subs. (2); substituted (21.07.2025) as per F-Note above.
E929
Previous affect provision: power pursuant to subs. (5) exercised (1.01.2013) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 12) (Reduced Rates) Regulations 2012 (S.I. No. 573 of 2012), art. 8(e)—3 which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 81—in effect as per art. 3; substituted (29.07.2025) as per E-Note above.
E930
Previous affect provision: power pursuant to subs. (3) and (5) exercised (21.11.2011) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Civil Partnership) Regulations 2011 (S.I. No. 604 of 2011), arts. 8(b) and 18(d), which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 80 and 81, and amended sch. 11; sch. 11 substituted (8.01.2016) as per E-Note above; arts. 80 and 81 substituted (29.07.2025) as per E-Note above.
E931
Previous affect provision: power pursuant to subs. (3) and (5) exercised (7.01.2011) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Change in Rates) Regulations 2010 (S.I. No. 681 of 2010), art. 6(d) and sch. 4—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 11—in effect as per art. 2(f); substituted (8.01.2016) as per E-Note above.
E932
Previous affect provision: subs. (1) substituted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 17(5), S.I. No. 673 of 2010; substituted (21.07.2025) as per F-Note above.
E933
Previous affect provision: power pursuant to subs. (3) and (5) exercised (8.01.2010) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 7) (Increase Change in Rates) Regulations 2009 (S.I. No. 584 of 2009), art. 6(d) and sch. 4—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 11—in effect as per art. 2(f); substituted (7.01.2011) as per E-Note above.
E934
Previous affect provision: power pursuant to subs. (3) and (5) exercised (2.01.2009) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (Increase in Rates) Regulations 2008 (S.I. No. 601 of 2008), art. 6(e) and sch. 8—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 11—in effect as per art. 2(f); substituted (8.01.2010) as per E-Note above.
E935
Previous affect provision: power pursuant to subs. (3) and (5) exercised (4.01.2008) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Increase in Rates) Regulations 2007 (S.I. No. 862 of 2007), art. 7(e) and sch. 3—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 11—in effect as per art. 2(f); substituted (2.01.2009) as per E-Note above.
E936
Previous affecting provision: power pursuant to subs. (2) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 83, in effect as per art. 2; deleted (1.01.2013) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 12) (Reduced Rates) Regulations 2012 (S.I. No. 573 of 2012), art. 8(f), in effect as per art. 3.
E937
Previous affect provision: power pursuant to subs. (3) and (5) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 80 and 81, in effect as per art. 2; substituted (21.11.2011) as per E-Note above.
E938
Previous affecting provision: power pursuant to subs. (3) and (5) exercised (5.01.2007) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 14) (Increase in Rates) Regulations 2006 (S.I. No. 692 of 2006), art. 8(e) and sch. 8—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), sch. 8—in effect as per art. 2(f); revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.
E939
Previous affecting provision: power pursuant to subs. (3) and (5) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), arts. 6(h), (i) and 25(d)—which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 56 and inserted sch. 8—in effect as per art. 2; sch. 8 substituted (5.01.2007) as per E-Note above; art. 56 revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.
E940
Previous affecting provision: power pursuant to subs. (3) and (5)exercised (6.01.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Increase in Rates) Regulations 2005 (S.I. No. 880 of 2005), art. 6(f) and (g), schs. 9 and 10—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), schs. G and H—in effect as per art. 2(f); deleted (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 25(a), in effect as per art. 2.
E941
Previous affecting provision modifying the application of subs. (1)(a) and (1)(b) continued in force (1.12.2005) by s. 362(2) as if made under this Act: Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 58; amended (17.05.1996) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) Regulations 1996 (S.I. No. 143 of 1996), art. 5(b); revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.
E942
Previous affecting provision: power pursuant to statutory precursor of subs. (2) exercised (30.03.1998) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Calculation of Yearly Average) Regulations 1998 (S.I. No. 105 of 1998), art. 2(b), which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 59; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.
E943
Previous affecting provision: power pursuant to statutory precursor of subs. (3) and (5) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), arts. 56 to 58 and schs. G and H, in effect as per art. 2; arts. 56 to 58 amended (17.05.1996) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) Regulations 1996 (S.I. No. 143 of 1996), art. 5(b); arts. 56 and 58 further amended (5.06.1998) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations 1998 (S.I. No. 184 of 1998), art. 7(a) and (b), in effect as per art. 2(e); schs. G and H substituted on multiple occasions between 1995 and 2003: details omitted from this revision; schs. G and H last amended prior to 1.12.2005 following substitution (7.01.2005) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations 2004 (S.I. No. 850 of 2004), art. 6(f) and (g), schs. 9 and 10, in effect as per art. 2(f); continued in force (1.12.2005) by s. 362(2) as if made under this Act; schs. G and H substituted (6.01.2006) as per E-Note above; arts. 56 to 58 revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.