Publication
Operational Guidelines: Death Benefit Scheme (under the Occupational Injuries Scheme)
From Department of Social Protection
Published on
Last updated on
From Department of Social Protection
Published on
Last updated on
If a person dies as a result of an accident at work or a prescribed occupational disease, Death Benefit may be payable to his or her dependants.
It may also be payable to the dependants of a person who at the time of death was in receipt of a 50% or over Disablement Pension, regardless of the cause of death. This provision has been effective from 2 April 1997.
Death Benefit includes:
Widow's/Widower's or Surviving Civil Partner's Pension is payable to a widow/widower or a surviving civil partner of a deceased person. A person (in relation to deceased) who has been divorced may qualify for this pension providing they have not remarried since the divorce.(similar rules apply to civil partnerships)
Orphan's Pension is payable for child(ren) where the parent, step-parent or person who supported the child(ren) dies as a result of an accident at work or occupational disease.
Funeral Grant is paid towards the cost of funeral expenses.
The Scheme was introduced on 1 May 1967. The Widower's Pension was introduced from 2 April 1997 (replacing the Dependent Widower's Pension or Gratuity). Cover for commuter accidents commenced on 27 March 1986 and cover for Gardai commenced on 6 April 1989.
The main provisions are contained in Chapter 13 of the Social Welfare (Consolidation) Act, 2005 and SI No 102 of 2007.
Deals with deciding claims and the payment of Funeral Grants.
The insured person must have died as a direct result of an occupational accident or disease or must have been in receipt of a Disablement Pension with a loss of faculty of 50% or over at the time of death. [See also qualifying conditions for Injury Benefit (separate guidelines "OIB/Injury Benefit" and "OIB/Disablement Benefit" for prescribed diseases]
The claimant must be a widow/widower or a surviving civil partner of the deceased insured person.
The child must be one whose parents are both deceased or one of the parents is deceased and the other parent has abandoned the child. If not a child or step child of the deceased, the child must have been wholly or mainly maintained by the deceased at the time of his or her death. The child must be under the age of 18 (22 if in full-time education by day at a recognised school or college). (See further details in separate guideline on "Dependants")
Confirmation that funeral expenses have been paid is required.
A funeral grant is payable in respect of a death occurring outside the State if the deceased, immediately before death
(a) was employed in insurable (occupational injuries) employment, or
(b) was entitled to and not disqualified from receiving Injury Benefit or Disablement Benefit.
See also the qualifying conditions for Disablement Benefit (separate guideline "OIB/Disablement Benefit").
Death Benefit is not payable in respect of occupational asthma where the insured person, in respect of whose death the benefit has been claimed, died more than 10 years after the date on which he or she ceased to be employed in any occupation prescribed in relation to occupational asthma.
Widow's/Widower's or Surviving Civil Partner's Pension
A widow/widower or surviving civil partner will be disqualified from receiving the pension:
The current rates of Benefit are published in the Rates of Payment- SW19
Widow's/Widower's or Surviving Civil Partner's Pension is made up of a personal rate and increase for a qualified child. IQC is payable up to age 18, or if the qualified child is in full-time education by day at any university, college, school or other educational establishment, up to the end of the academic year of the year in which he or she reaches age 22. (See also separate guideline re "Dependants")
A Widowed Parents grant is payable to newly widowed persons with children following bereavement after 1 December, 1999.
Orphan's Pension is payable at a fixed rate per child. It is payable up to age 18, or if the orphan is in full-
time education by day at any university, college, school or other educational establishment, up to the end of the academic year of the year in which he or she reaches age 22.
Funeral Grant is paid as a once off lump sum payment. If a Bereavement Grant (See separate guideline "Bereavement Grant") has already been paid in respect of the deceased the amount paid is deducted from the Funeral Grant.
Fuel Allowance (See "National Fuel Scheme" guideline for conditions) SWA (See separate guideline on "Supplementary Welfare Allowance")
If over age 66:
Persons in receipt of Death Benefit by way of Widow's/Widower's or Surviving Civil Partner's Pension can also be paid the following at half the personal rate for a period of 390 days provided they satisfy the conditions of the schemes:
If Illness Benefit or Incapacity Supplement was in payment on 5 April 1990 with Death Benefit by way of Widow's/Widower's Pension or Dependent Parent's Pension it may continue in payment until the end of the period of incapacity for work.
A person in receipt of Death Benefit by way of Orphan's Pension may also be paid one of the following provided he or she satisfies the conditions of the scheme:
The onus is on the person to apply if he or she believes he or she is entitled to benefit under the scheme. Application Form: Death Benefits under the Occupational Injuries Scheme (OB61) should be completed in full and signed by the claimant.
A Funeral Grant claim can be made by the husband/wife, surviving civil partner, next of kin of the deceased, personal representative of deceased, or by the person who paid the funeral expenses.
The person should state his or her Personal Public Service Number (PPS No.) and the deceased's PPS No. A new PPS No. will be allocated to the claimant if he or she has no PPS No.
The claimant should forward relevant documentation as indicated below. However, this may be sent on after the initial claim is made rather than delaying the claim in order to obtain it.
An acknowledgement of receipt is issued in respect of each claim. The claim reference is quoted and the claimant is asked to quote same in any future contact with the department with regard to Death Benefit claim.
The claim should be made within 3 months of the death of the insured person. A person is disqualified for payment of a pension for any period prior to the date of claim.
However, where a person can prove to the satisfaction of a Deciding Officer or Appeals Officer that entitlement existed and that there was good cause for delay in making a claim, payment of a pension may be made for a period up to 6 months before the date of claim.
Further backdating of payment may also be possible on an extra-statutory basis in respect of late claims made prior to 25 May 2000 and, where late claims made on or after 25 May 2000 are concerned, in accordance with the provisions of Statutory Instrument 159 of 2000.
The primary legislative provisions governing claims and late claims are set out in Section 241 of the Social Welfare Consolidation Act 2005.
The main regulatory provisions with regard to claims are Legislation contained in Chapter 1 of Part 7 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations (S.I. No. 142 of 2007) as amended (see in particular SI 55 of 1998, SI 159 of 2000 and SI 160 of 2000).
The payment of a funeral grant is not time limited.
See Claims and Late Claims guideline for further information on late claims and all the circumstances in which backdated payments or allowances may be made.
Compensation for loss of purchasing power may be paid where there is an inordinate delay, attributable to the department, in deciding a claim which results in the claimant receiving an amount of arrears that is worth less because of inflation.
See Claims and Late Claims guideline for information on the circumstances where compensation for loss of purchasing power is payable and how it is calculated.
The claimant for Death Benefit is responsible for the production of certificates, documents, information and evidence required, including Death Certificate, Birth Certificates, Marriage Certificate (if applicable), funeral receipts, etc.
Benefit cannot be paid until all the necessary documentation is received.
See under Disablement Benefit guideline. If a person had been in receipt of a Disablement Pension for a loss of faculty of 50% or over, these investigations will have already been completed. If the deceased had not been on such a pension the relevant details of the accident/disease, including death certificate are forwarded to the department's Medical Advisor for advice in relation to the cause of death.
Claims are decided by Deciding Officers appointed by the Minister under Section 246 of the Social Welfare (Consolidation) Act, 1993. A notification of the decision is issued to the claimant and when claims are disallowed or allowed at reduced rates the claimant is given an explanation of the reason for the dis-allowance or partial award.
A person who is refused Death Benefit or who is awarded a reduced rate of payment may appeal the decision to an Appeals Officer.
Funeral Grant is paid to the nominated payment method. See also separate guidelines on Widow's/Widower's or Surviving Civil Partner's Contributory Pensions and Orphan's Pension in relation to payment. The Orphan's Pension is usually paid to the guardian of the orphan but it may be paid at the discretion of the Minister to some other person for the benefit of the orphan.
Widow's/Widower's or Surviving Civil Partner's Pension is payable for life unless the person is awarded another benefit which is not payable in conjunction with Widow's/Widower's or Surviving Civil Partner's Pension or the widow/widower or surviving civil partner is disqualified for any of the reasons listed above.
Orphan's Pension continues for an orphan up to age 18 or until age 22 if he or she is in full-time education by day at a recognised school or college.
Death Benefit is payable when a person is absent from the State.