Social Welfare Consolidation Act 2005

Entitlement to grant.

[1999 s19(1)]

134

134.F780[(1) Subject to this Act, a bereavement grant shall be payable to the person or persons that may be prescribed

(a) on the death, before 1 January 2014, of

(i) a pensioner,

(ii) a qualified adult,

(iii) a spouse, civil partner or cohabitant of a pensioner,

(iv) a qualified child in respect of whom an increase of pension specified in paragraphs (a) to (f) in the definition of pensioner in subsection (3) was being paid at the time of death,

(v) an orphan, or

(vi) a person to whom a guardians payment (contributory) is payable under section 133,

or

(b) where the contribution conditions in section 135 are satisfied, on the death, before 1 January 2014, of

(i) an insured person,

(ii) the spouse, civil partner or cohabitant of an insured person,

(iii) the widow, widower or surviving civil partner of a deceased insured person, or

(iv) a qualified child other than a qualified child referred to in paragraph (a)(iv).]

[1999 s19(1)]

(2) Only one bereavement grant shall be paid by virtue of this section on any one death.

[1999 s19(1)]

(3) In this Chapter—

“orphan” means a person in respect of whom F781[a guardians payment (contributory)] is payable under Chapter 19;

“pensioner” means a person who, at the time of his or her death, was in receipt of one of the following payments—

(a) F782[State pension (contributory)],

(b) F783[State pension (transition)],

(c) invalidity pension,

(d) widow's (contributory) pension,

(e) widower's (contributory) pension, F784[]

(f) deserted wife's benefit, F785[or]

F786[(g) surviving civil partners (contributory) pension]

or would have been in receipt of one of those payments but for receipt by the person of an F787[State pension (non-contributory)], a blind pension, a widow's (non-contributory) pension or widower's (non-contributory) pension F788[a surviving civil partners (non-contributory) pension or a carers allowance at a higher rate];

“qualified adult” means a person in respect of whom an increase of benefit specified in paragraphs (a) to (c) in the definition of “pensioner” was being paid at the time of death, or in respect of whom that increase would have been payable but for the receipt by the qualified adult of F787[a State pension (non-contributory)], a blind pension or a carer's allowance in his or her own right;

F789[qualified child, in section 134(1)(b), means

(a) a person

(i) who, at the date of death, is under the age of 18 years or over the age of 18 years and under the age of 22 years, and is receiving full-time education, the circumstances of which will be specified in regulations,

(ii) who is ordinarily resident in the State on that date, and

(iii) in respect of whose death the relevant contribution conditions for bereavement grant are not satisfied by the persons insurance or the insurance of that persons spouse F790[or civil partner],

or

(b) a person who, at the date of death, is over the age of 16 years and under the age of 22 years and is in receipt of disability allowance.]

“relevant date” means the date of death of the deceased person or the date of death of the relevant insured person or the date of attainment of pensionable age of the relevant insured person, whichever occurs first, whether the deceased is the relevant insured person or not;

“relevant insured person” means—

(a) in case the deceased person was a qualified child—

(i) the father or mother of the deceased person,

(ii) the person with whom the deceased person at the date of death is determined, in accordance with regulations made under section 3(5), to have been normally residing or with whom he or she would have been normally so residing if he or she had not been committed to a F791[children detention school], or

(iii) the spouse F792[or, civil partner] of the person referred to in subparagraph (ii),

or

(b) in any other case, the deceased person or the spouse F792[or, civil partner] of the deceased person;

“yearly average” means the average per contribution year of contribution weeks in respect of which the relevant insured person has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified in F793[section 135(1)(b)(ii) and where the average so calculated is a fraction of a whole number consisting of one-half or more it shall be rounded up to the nearest whole number and where it is a fraction of less than one-half it shall be rounded down to the nearest whole number.]

Annotations

Amendments:

F780

Substituted (1.01.2014) by Social Welfare and Pensions Act 2013 (38/2013), s. 8(1), commenced as per subs. (2).

F781

Substituted (28.07.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 9, S.I. No. 334 of 2006.

F782

Substituted (29.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 1, S.I. No. 334 of 2006.

F783

Substituted (28.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 3, S.I. No. 334 of 2006.

F784

Deleted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 17(6)(b)(i), S.I. No. 673 of 2010.

F785

Inserted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 17(6)(b)(ii), S.I. No. 673 of 2010.

F786

Inserted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 17(6)(b)(iii), S.I. No. 673 of 2010.

F787

Substituted (29.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 17 and sch. 3, S.I. No. 334 of 2006.

F788

Substituted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 17(6)(b)(iv), S.I. No. 673 of 2010.

F789

Substituted (22.05.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 18, S.I. No. 256 of 2007.

F790

Inserted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 26 and sch. 3 item 25, S.I. No. 673 of 2010.

F791

Substituted (17.12.2008) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 9(c), commenced on enactment.

F792

Inserted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 26 and sch. 3 item 26, S.I. No. 673 of 2010.

F793

Substituted (21.12.2012) by Social Welfare Act 2012 (43/2012), s. 3(4), commenced on enactment.

Editorial Notes:

E946

Previous affecting provision: subs. (1) amended (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), ss. 17(6)(a), 26 and sch. 3 item 24, S.I. No. 673 of 2010; substituted (1.01.2014) as per F-Note above.

E947

Previous affecting provision: subs. (1) amended (28.07.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 9, S.I. No. 334 of 2006; substituted (1.01.2014) as per F-Note above.