Social Welfare Consolidation Act 2005

Entitlement to pension.

[1993 s143(1); 1997 s19]

163

F992[163.—(1) Subject to this Act, a pension shall be payable to a bereaved partner who has not attained pensionable age.]

[1993 s143(3); 1997 s19]

F992[(2) A pension shall cease as and from—

(a) the date of marriage or remarriage of the beneficiary,

(b) the date of entry by the beneficiary into a civil partnership or a new civil partnership, or

(c) the date on which the beneficiary becomes a qualified cohabitant or again becomes a qualified cohabitant.]

[2004 (MP) s17 & Sch 1]

F992[(3) A person shall not be entitled to a pension under this section unless he or she is habitually resident in the State.

(4) A person whose claim is based on being a surviving qualified cohabitant shall be entitled to a pension under this section 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 qualified cohabitant.]

Annotations

Amendments:

F992

Substituted (21.07.2025) by Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025 (8/2025), s. 13, commenced on enactment.

Modifications (not altering text):

C68

Application of section restricted (1.02.2016) by European Communities (Free Movement of Persons) Regulations 2015 (S.I. No. 548 of 2015), art. 17(2), in effect as per art. 1(2). The text of art. 17(2) appears above immediately before s. 139.

Editorial Notes:

E1071

Previous affecting provision: subs. (1) and (2) substituted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 19(7), S.I. No. 673 of 2010; substituted (21.07.2025) as per E-Note above.

E1072

Previous affecting provision: subs. (3) amended (17.07.2014) by Social Welfare and Pensions Act 2014 (16/2014), s. 11(6), commenced on enactment; substituted (21.07.2025) as per E-Note above.

E1073

Previous affecting provision: subs. (1) substituted (29.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 21(a), S.I. No. 334 of 2006; substituted (1.01.2011) as per E-Note above.