Social Welfare Consolidation Act 2005

137

F795[Entitlement to bereaved parent grant

137. (1) Subject to this Act, a grant (in this section referred to as a ‘bereaved parent grant’) of €8,000, or any higher amount that may be prescribed, shall be paid to a bereaved partner on the death, on or after the passing of the Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025, of his or her spouse, civil partner or qualified cohabitant, as the case may be, where the bereaved partner is entitled to or in receipt of

(a) death benefit under section 81,

(b) bereaved partner’s (contributory) pension under Chapter 18 of Part 2,

(c) bereaved partner’s (contributory) pension under Chapter 18 of Part 2 by virtue of Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 20041 on the coordination of social security systems, or by virtue of a reciprocal arrangement under section 287,

(d) one-parent family payment,

(e) State pension (contributory), or

(f) State pension (non-contributory),

which includes an increase in respect of a qualified child.

(2) In this Chapter

‘spouse’ has the meaning given to it in section 123;

‘bereaved partner’ means a bereaved partner (within the meaning of Chapter 18)

(a) who has at least one qualified child who normally resides with him or her at the date of death of his or her spouse, civil partner (within the meaning of Chapter 18) or qualified cohabitant, as the case may be, or

(b) whose child is born within 10 months of the date of death of her spouse, civil partner or qualified cohabitant, as the case may be.]

Annotations

Amendments:

F795

Substituted (21.07.2025) by Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025 (8/2025), s. 11, commenced on enactment.

Editorial Notes:

E950

Previous affecting provision: subs. (1) amended (1.01.2021) by Social Welfare Act 2020 (30/2020), s. 9(1), commenced as per subs.(2), subject to transitional arrangements in subs. (3); substituted (21.07.2025) as per F-Note above.

E951

Previous affecting provision: subs. (1) amended (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 7(2), commenced on enactment; substituted (21.07.2025) as per F-Note above.

E952

Previous affecting provision: section substituted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 18, S.I. No. 673 of 2010; substituted (21.07.2025) as per F-Note above.

E953

Previous affecting provision: subs. (1) amended (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 26 and sch. 3 item 24, S.I. No. 673 of 2010; substituted (28.06.2013) as per E-Note above.

E954

Previous affecting provision: subs. (2) amended (17.12.2008) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 11, commenced on enactment; substituted (1.01.2011) as per E-Note above.

E955

Previous affecting provision: subs. (1) amended (20.12.2007 with retrospective effect from 5.12.2007) by Social Welfare Act 2007 (40/2007), s. 7(1), commenced on enactment, subject to subs. (2); substituted (1.01.2011) as per E-Note above.

E956

Previous affecting provision: subs. (2) amended (30.03.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 19, commenced on enactment; substituted (17.12.2008) as per E-Note above.

E957

Previous affecting provision: power pursuant to subs. (1) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 235, in effect as per art. 2; deleted (21.11.2011) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Civil Partnership) Regulations 2011 (S.I. No. 604 of 2011), art. 16(u).

E958

Previous affecting provision: subs. (1) amended (19.12.2006 with retrospective effect from 6.12.2006) by Social Welfare Act 2006 (36/2006), s. 9(1), commenced on enactment, subject to subs. (2); substituted (1.01.2011) as per E-Note above.

E959

Previous affecting provision: subs. (2) amended (29.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 18, S.I. No. 334 of 2006; substituted (17.12.2008) as per E-Note above.

E960

Previous affecting provision: power pursuant to statutory precursor of subs. (1) exercised (5.12.2001) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Widowed Parent Grant) Regulations 2001 (S.I. No. 548 of 2001), art. 3—which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 139—in effect as per art. 2; 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.