Social Welfare Consolidation Act 2005

Payments after death.

[1993 s210(1); 2005 (SW&P) s26 & Sch 4]

248

248.—(1) In this section—

“benefit” means—

(a) F1452[illness benefit],

(b) F1453[jobseekers benefit],

F1454[(ba) jobseekers benefit (self-employed),]

F1455[(baa) jobseeker’s pay-related benefit,]

F1456[(bb) Covid-19 pandemic unemployment payment,]

(c) injury benefit,

(d) carer’s benefit,

(e) F1457[State pension (contributory)],

(f) F1458[State pension (transition)],

(g) invalidity pension,

(h) F1459[jobseekers allowance],

(i) F1460[State pension (non-contributory)],

(j) blind pension,

(k) F1461[incapacity supplement],

(l) supplementary welfare allowance,

(m) pre-retirement allowance,

(n) disability allowance,

(o) farm assist,

F1462[(p) bereaved partner’s (contributory) pension,]

(q) one-parent family payment,

(r) death benefit under section 81

(s) carer’s F1463[allowance,]

F1464[(t) working family payment,

(u) back to work family dividend;]

“relevant person” has the meaning given to it by section 99(1) or, as appropriate, section 179(1).

[1993 s210(2); 2004 (MP) s5(1)]

(2) Notwithstanding any provisions to the contrary in this Act—

F1465[(a) where a person who is in receipt of a benefit dies, and

(i) he or she was receiving an increase in respect of a qualified adult, or

(ii) his or her spouse, civil partner or cohabitant is in receipt of a benefit in his or her own right,

payment of the deceased persons benefit shall, subject to such conditions as may be prescribed, continue to be made for 6 weeks after his or her death and shall be paid, as the case may be, to the deceased persons qualified adult, spouse, civil partner or cohabitant,]

(b) where a qualified child, in respect of whom an increase of a benefit is being paid, dies, the amount of the increase shall continue to be made for 6 weeks after the date of death,

(c) where a person is in receipt of one-parent family payment by virtue of having not more than one qualified child and that qualified child dies, payment of the one-parent family payment including the increase in respect of that child shall continue to be made for 6 weeks after the date of death of the qualified child,

(d) where a qualified adult in respect of whom an increase of benefit is being paid, dies, payment of the increase shall continue to be made for 6 weeks after the date of death,

(e) where a person is in receipt of carer’s benefit F1466[] and the relevant person in respect of whom that carer is providing full-time care and attention dies, payment of the carer’s benefit F1466[] shall continue to be made for 6 weeks after the death of the relevant person,

F1467[(ea) where a person is in receipt of carers allowance and the relevant person in respect of whom that carer is providing full-time care and attention dies, payment of the carers allowance shall continue to be made for 12 weeks after the death of the relevant person,]

F1468[(eb) where a person is in receipt of domiciliary care allowance and the qualified child for the purpose of the payment of that allowance dies, payment of the domiciliary care allowance shall continue to be made for 3 months after the death of the child,]

F1469[(ec) F1470[]]

F1469[(ed) F1470[]]

F1471[(ec) where a person is in receipt of parents benefit and the child in respect of whom that person is providing or assisting with his or her care dies, payment of the parents benefit shall continue to be made,]

F1472[(ed) where a person who is in receipt of working family payment dies, that payment shall continue to be paid, as the case may be, to his or her spouse, civil partner or cohabitant for 6 weeks (or for the remainder of the 52 week period provided for in accordance with section 230, whichever is the lesser) after the date of death of the deceased person,

(ee) where a person who is in receipt of back to work family dividend dies, that payment shall continue to be paid, as the case may be, to his or her spouse, civil partner or cohabitant for 6 weeks (or for the remainder of the 104 week period provided for in accordance with section 238C, whichever is the lesser) after the date of death of the deceased person,]

(f) in any case where payment is made by virtue of F1473[paragraph (a), (d), F1474[(ed) or (ee)]], entitlement to F1475[bereaved partner’s (contributory) pension, bereaved partner’s (non-contributory) pension], F1476[guardians payment (contributory)], F1477[guardians payment (non-contributory)], death benefit under section 81 or 83 or entitlement to one-parent family payment by virtue of F1478[being a bereaved partner,] shall not begin until after the end of the period of 6 weeks mentioned in F1473[paragraph (a), (d), F1474[(ed) or (ee)]] except and to the extent that regulations otherwise provide.

Annotations

Amendments:

F1452

Substituted (2.10.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 15, S.I. No. 334 of 2006.

F1453

Substituted (5.10.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 6, S.I. No. 334 of 2006.

F1454

Inserted (1.11.2019) by Social Welfare Act 2019 (34/2019), s. 6 and sch. item 19, S.I. No. 550 of 2019.

F1455

Inserted (31.03.2025) by Social Welfare (Miscellaneous Provisions) Act 2024 (24/2024), s. 14 and sch. ref. 21, S.I. No. 499 of 2024.

F1456

Inserted (4.01.2021) by Social Welfare Act 2020 (30/2020), s. 13(1)(a), commenced as per subs. (2).

F1457

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.

F1458

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.

F1459

Substituted (4.10.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 4, S.I. No. 334 of 2006.

F1460

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.

F1461

Substituted (2.10.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 7, S.I. No. 334 of 2006.

F1462

Substituted (21.07.2025) by Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025 (8/2025), s. 17(o)(i), commenced on enactment.

F1463

Substituted (24.12.2019) by Social Welfare (No. 2) Act 2019 (48/2019), s. 15(a)(i), commenced on enactment.

F1464

Inserted (24.12.2019) by Social Welfare (No. 2) Act 2019 (48/2019), s. 15(a)(ii), commenced on enactment.

F1465

Substituted (24.12.2019) by Social Welfare (No. 2) Act 2019 (48/2019), s. 15(b)(i), commenced on enactment.

F1466

Deleted (1.01.2016) by Social Welfare and Pensions Act 2015 (47/2015), s. 9(1)(a), commenced as per subs. (2).

F1467

Inserted (1.01.2016) by Social Welfare and Pensions Act 2015 (47/2015), s. 9(1)(b), commenced as per subs. (2).

F1468

Inserted (1.01.2019) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 13(1), commenced as per subs. (2) and S.I. No. 655 of 2018.

F1469

Inserted (24.12.2019) by Social Welfare (No. 2) Act 2019 (48/2019), s. 15(b)(ii), commenced on enactment; deleted (22.12.2020) as per F-Note below. Note: a different subs. (2)(ec) had already been inserted (1.11.2019) as per F-Note below. Subs. (2)(ec) and (ed) of 24.12.2019 were effectively replaced by subs. (2)(ed) and (ee) inserted (22.12.2020) as per F-Note above.

F1470

Deleted (22.12.2020) by Social Welfare Act 2020 (30/2020), s. 13(1)(b)(i), commenced on enactment.

F1471

Inserted (1.11.2019) by Parent’s Leave and Benefit Act 2019 (35/2019), s. 32, S.I. No. 553 of 2019.

F1472

Inserted (22.12.2020) by Social Welfare Act 2020 (30/2020), s. 13(1)(b)(ii), commenced on enactment.

F1473

Substituted (24.12.2019) by Social Welfare (No. 2) Act 2019 (48/2019), s. 15(b)(iii), commenced on enactment.

F1474

Substituted (22.12.2020) by Social Welfare Act 2020 (30/2020), s. 13(1)(b)(iii), commenced on enactment.

F1475

Substituted (21.07.2025) by Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025 (8/2025), s. 17(o)(ii)(I), commenced on enactment.

F1476

Substituted (28.07.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 8, S.I. No. 334 of 2006.

F1477

Substituted (28.07.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 11, S.I. No. 334 of 2006.

F1478

Substituted (21.07.2025) by Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025 (8/2025), s. 17(o)(ii)(II), commenced on enactment.

Editorial Notes:

E1694

Power pursuant to subs. (2)(a) exercised (17.02.2020) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 1) (Payments after Death) Regulations 2020 (S.I. No. 50 of 2020), art. 2, which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 208.

E1695

Power pursuant to subs. (2)(a) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 208, in effect as per art. 2.

E1696

Previous affecting provision: power pursuant to subs. (2)(a) 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), art. 16(k), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 208; substituted (17.02.2020) as per E-Note above.

E1697

Previous affecting provision: para. (p) in the definition of "benefit" in subs. (1) substituted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 23(1), S.I. No. 673 of 2010; substituted (21.07.2025) as per F-Note above.

E1698

Previous affecting provision: subs. (2)(a) 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 (24.12.2019) as per F-Note above.

E1699

Previous affecting provision: subs. (2)(f) amended (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 26 and sch. 3 items 2 and 13, S.I. No. 673 of 2010; substituted (21.07.2025) as per F-Note above.

E1700

Previous affecting provision: power pursuant to statutory precursor of subs. (2)(a) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 121, in effect as per art. 2; amended (on various dates between 28.03.2001 and 6.04.2001) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Miscellaneous Provisions) Regulations 2001 (S.I. No. 103 of 2001), art. 7, 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.