Operational Guidelines: Death Benefit Scheme (under the Occupational Injuries Benefit Scheme)(under the Occupational Injuries Scheme)

If an insured person dies as a result of an accident at work or a prescribed occupational disease, Death Benefit (under the Occupational Injuries Benefit Scheme) may be payable to his or her dependants.

It may also be payable to the dependants of an insured 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:

• Bereaved Partner’s Pension
• Orphan's Pension
• Funeral Grant

Bereaved Partner’s Pension

Bereaved Partner’s Pension is payable to the surviving spouse, civil partner or surviving qualified cohabitant of an insured 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

Orphan's Pension is payable for child(ren) where the insured person who supported the child(ren) dies as a result of an accident at work or occupational disease.

Funeral Grant

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.

Legislation

The main provisions are contained in Chapter 13 of the Social Welfare (Consolidation) Act, 2005 and SI No 102 of 2007.

Administration

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 "Injury Benefit" and "Disablement Benefit") for prescribed diseases.

Bereaved Partner’s Pension

The claimant must be a the surviving spouse, civil partner or surviving qualified cohabitant of the deceased insured person.

By partner, we mean either your husband, wife, civil partner or qualified cohabitant.

A person will be considered a qualified cohabitant for the purposes of Bereaved Partner’s Pension if the cohabiting couple have resided together in an intimate and committed relationship for a period of:

• 2 years where there are children of the relationship;
• 5 years where there are no children of the relationship;

And

• The relationship had not ended more than two years before the death of the deceased.

You cannot get the pension if you remarry, enter into a civil partnership or cohabit with another person. The pension is not affected by any income you may have. Increases for qualified children are paid with the pension. The pension is taxable.

A Bereaved Partner’s Pension under the Death Benefit Scheme cannot be paid at the same time as a Bereaved Partners Contributory Pension.

Information for Qualified Cohabitants

Since 21 July 2025, surviving Qualified Cohabitants are eligible for Bereaved Partner’s (Contributory) Pension.

A person will be considered a qualified cohabitant for the purpose of the payment if the cohabiting couple lived together as a couple in an intimate and committed relationship for a period of:

• two years where there are children of the relationship or
• five years where there are no children of the relationship

Below are details on important dates for qualified cohabitants to note:

• claims in relation to a death that occurred before 22 January 2024
• claims in relation to a death that occurred between 22 January 2024 and 20 July 2025

For a claim in relation to a death before 22 January 2024

Claims in relation to an insured deceased partner where the death occurred before 22 January 2024 are eligible for Bereaved Partner’s Pension from 22 January 2024.

For a claim in relation to a death that occurred between 22 January 2024 and 20 July 2025

Claims in relation to an insured deceased partner where the death occurred between 22 January 2024 and 20 July 2025 are eligible for Bereaved Partner’s Pension from the date of death.

In the above cases, a qualified cohabitant has 6 months from 21 July 2025 to make their application to get the payment backdated to 22 January 2024 or date of death if later.

If the application is not made within this period, then the maximum backdating of the payment will be 6 months from the date of application.

Orphan's Pension

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 stepchild of the insured deceased, the child must have been wholly or mainly maintained by the insured 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

guidelines on Child Support Payment)

Funeral Grant

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 "Disablement Benefit").

Exception

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.

Bereaved Partner’s Pension

A surviving spouse, civil partner or surviving qualified cohabitant will be disqualified from receiving the pension:

• on re-marriage.
• if and so long as he/she and any other person are cohabiting and in a relationship.
• have entered into another civil partnership

The current rates of Benefit are published in the Rates of Payment- SW19

Bereaved 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 Child Support Payment)

A Bereaved Parents Grant is payable to newly bereaved 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 Additional Needs Payment) has already been paid in respect of the deceased the amount paid is deducted from the Funeral Grant.

Fuel Allowance (See Fuel Allowance Scheme guideline for conditions)

Supplementary Welfare Allowance (See separate guideline on Basic Supplementary Welfare Allowance)

If over age 66:

• Living Alone Increase
• Free Electricity,
• Free Television Licence,
• Free Natural Gas/Bottled Gas Refill Allowance,
• Free Telephone Allowance
• (See list of “Homes” guidelines for conditions)
• Free Travel
• (See “Free Travel Scheme” guidelines)

Persons in receipt of Death Benefit by way of Bereaved 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:

• Adoptive Benefit
• Health and Safety Benefit
• Maternity Benefit
• Paternity Benefit
• Parent’s Benefit

If Illness Benefit or Incapacity Supplement was in payment on 5 April 1990 with Death Benefit by way of Bereaved Partner’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:

• Adoptive Benefit
• Death Benefit by way of Bereaved Partner’s Pension/Deserted *Wife's Benefit
• Illness Benefit
• Health and Safety Benefit
• Injury Benefit
• Maternity Benefit
• One-Parent Family Payment
• Incapacity Supplement
• Jobseeker's Benefit
• Bereaved Partner’s Pension

Claims

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 surviving spouse, civil partner or surviving qualified cohabitant, 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.

Late Claims

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

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.

Documentation

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.

Investigation of Claim

See under Disablement Benefit guideline. If a insured 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.

Decisions

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.

Appeals

A person who is refused Death Benefit or who is awarded a reduced rate of payment may appeal the decision to an Appeals Officer.

Payment

Funeral Grant is paid to the nominated payment method. See also separate guidelines on Bereaved Partner’s Pension 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.

Duration of Payment

Bereaved Partner’s Pension is payable for life unless the person is awarded another benefit which is not payable in conjunction with Bereaved Partner’s Pension or the surviving spouse, civil partner or qualified cohabitant 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.

Absence from the State

Death Benefit is payable when a person is absent from the State.