Operational Guidelines: Bereaved Partner’s Non-Contributory Pension

1. Description of Scheme

Bereaved Partner’s Non-Contributory Pension is a means-tested payment payable to a widow, widower, surviving civil partner or surviving qualified cohabitant, on the death of a partner.

Bereaved Partner’s Non-Contributory Pension is a payment for those who do not satisfy the contribution conditions for Bereaved Partner’s Contributory Pension. It is payable to widow(er)’s, surviving civil partner’s or surviving qualified cohabitants under age 66, who do not have dependent children.

A widow(er), surviving civil partner or surviving qualified cohabitant with dependant children should apply for One Parent Family Payment or Jobseekers Transitional Payment.

A widow(er), surviving civil partner or surviving qualified cohabitant over age 66, should apply for State Pension Non-Contributory.

Bereaved Partner’s Non-Contributory Pension was known as Widow's, Widower's or Surviving Civil Partner's Non-Contributory Pension up to 21 July 2025.

2. Legislation

The main legislative provisions relating to Bereaved Partner’s Non-Contributory Pension are contained in:

• Chapter 6 of Part 3 of the Social Welfare (Consolidation) Act 2005 (Sections 162 to 171 inclusive) as amended
• Part 5 of Schedule 3 of the above Act (as amended)
• Chapter 6 of Part 3 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No.142 of 2007)

3. Administration

The scheme is administered by Social Welfare Services, College Road, Sligo F91 T284.

4. Qualifying conditions in summary

To qualify for this pension, you must:

• be a bereaved partner, that is a widow, widower, surviving civil partner or a surviving qualified cohabitant;
• be aged under 66;
• not be cohabiting with another person as a couple;
• have been living with the deceased person in the 2 years before their death;
• be habitually resident in the State (Please refer to separate guideline on Habitual Residence Condition);
• satisfy a means test.

5. Bereaved Partner condition

‘Bereaved partner’ means a widow, a widower, a surviving civil partner or a surviving qualified cohabitant.

Where a person has been married, registered as a civil partner or has been a qualified cohabitant more than once, the condition of being bereaved partner relates only to the last spouse, civil partner, or qualified cohabitant, whichever is the last, of the bereaved partner.

A person shall not be considered a bereaved partner if the couple lived apart for a period of at least 2 years immediately preceding the date of death of the deceased.

5.1. Qualified Cohabitant

A person can only qualify for Bereaved Partner’s Non-Contributory Pension based on being a surviving qualified cohabitant where the death of their late partner was on or after 21 July 2025.

A qualified cohabitant is one of 2 adults (whether of the same or the opposite sex) who lived together as a couple in an intimate and committed relationship and who, immediately before the time that relationship ended, whether through death or otherwise, was living with the other adult as a couple for a continuous period of–

• 2 years or more, in the case where there are one or more children of the relationship, or
• 5 years or more, in any other case.

In determining whether or not a person is a qualified cohabitant, the Minister shall take into account all the circumstances of the relationship in question and in particular shall have regard to the following:

• the duration of the relationship;
• the basis on which the couple lived together;
• the degree of financial dependence of either adult on the other and any agreements in respect of their finances including whether in relation to that relationship;
• the degree and nature of any financial arrangements between the adults including any joint purchase of an estate or interest in land or joint acquisition of personal property;
• whether there are one or more dependent children;
• any payment by this Department and the conditions in relation to the payment
• the degree to which the adults present themselves to others as a couple.
• whether one of the adults cares for and supports the children of the other.

5.2. Divorce

Where the death occurred on or after 21/07/2025 a person cannot qualify for Bereaved Partner’s Non-Contributory Pension where they are divorced from the deceased person.

Where the death occurred prior to 21/07/2025, payment of the pension can be made where the couple were divorced.

5.3. Dissolved Civil Partnership

Where the death occurred on or after 21/07/2025 a person cannot qualify for Bereaved Partner’s Non-Contributory Pension where the civil partnership with the deceased person has been dissolved.

Where the death occurred prior to 21/07/2025, payment of the pension can be made where the civil partnership was dissolved.

5.4. Annulment

Where a State annulment has occurred, the marriage or civil partnership is deemed never to have taken place. A church annulment does not affect the status of a widow or widower. However, a person shall not be considered a bereaved partner if the couple lived apart for a period of at least 2 years immediately preceding the date of death of the deceased.

5.5. Separation

If the couple lived apart and were not in a committed relationship for 2 years or more before the death, they will not qualify for the payment if the deceased person died on or after 21/07/2025.

6. Means Test

A means test is a way of checking if you have enough means to support yourself and what amount of payment, if any, you may qualify for. Your means may include any income you have and any property (except your own home) or an asset that could provide you with an income.

Provided you satisfy the other conditions of the scheme you will qualify for Bereaved Partner’s Non-Contributory Pension if your weekly means are at or below the means limit. Your weekly rate of payment will depend on the actual amount of your means.

To determine your means, you must complete the application form in full and you must declare full details of your means. Incomplete application forms will be returned and may ultimately delay the award of pension.

It is possible that the application may be referred to a Social Welfare Inspector who will request an interview with you. You may be asked to produce supporting documentation such as bank statements or accounts.

If you are awarded a pension, you are legally obliged to report any increases in means to the Department within seven days. If you do not do so, you may incur an overpayment of pension which you (or your Estate after your death) will have to repay.

6.1. What counts as means?

The main items that count as means include:

• cash income which you may have (for example, earnings from employment, self-employment, an occupational pension, a British or other foreign or private pension).

It should be noted that a specific earnings disregard of €100 per week applies to income from insurable employment. Please see " Income from employment” at 6.2 below. The earnings disregard is not extended to the self-employed or farming.

• value of capital (for example, savings, investments, cash in hand)
• any property you may have (but not your own home)

6.2. Income from employment:

Cash income from employment is assessed as part of your means. However, there is an earnings disregard of €100.00 per week for a person in insurable employment. For example, your weekly gross earnings less the first €100.00 in earnings together with social insurance contributions, superannuation contributions, health contributions and trade union subscriptions will be assessed as your means for pension purposes.

6.3. Income from self-employment:

Income from self-employment is taken to be the gross profit less allowable work-related expenses, but not drawings. If you take 'drawings' from the business, these are assessed as cash income.

There is no exhaustive list of all allowable expenses in self-employed cases, since these vary with the nature and extent of the self-employment. However, the following are the main allowable expenses in most instances:

• materials (supplies costs)
• motor running costs (portion applicable to business only)
• depreciation of machinery and equipment
• insurance relating to the business
• telephone (portion applicable to business only)
• lighting and heating (for business use only, not domestic use)
• advertising
• bank charges
• van leasing
• labour costs
• pension plan
• any other costs associated with running the business.

Household running costs are not allowed as deductions against business profit.

6.4. Income from farming:

If you own a farm of land, the yearly value of any advantage that you have from owning or leasing it will be assessed as income. The yearly value is worked out by deducting any necessary expenses incurred from the gross income.

If you deprive yourself of an income to either qualify for pension, or to qualify for pension at a higher rate, that income will be assessed against you as means. However, this may not apply in the case of certain family settlements involving the transfer of ownership of a farm/business.

6.5. Capital

Capital refers to savings, investments, cash‑on‑hands and property (excluding your own home) that you have. The combined value of all these items is added together and a formula (see below) is applied to their total value to calculate your weekly means.

6.6. Deprivation of Capital

If you deprive yourself of capital to either qualify for pension, or to qualify for pension at a higher rate, then that capital will be included in the means assessment. However, this may not apply in the case of certain family settlements involving the transfer of ownership of a farm or business.

6.7. What does not count as means?

A list of the main items that are not taken into account in the means test are set out in Appendix 1.

When and how do I claim Bereaved Partner’s Pension

A person must apply to the Department for Bereaved Partner’s Pension. The claim should be made within three months of date of entitlement, that is, the date their late spouse or partner died. A failure to claim on time may result in loss of pension payment.

To apply, please complete an application form (BPP1), which can be downloaded from www.gov.ie. Application forms are also available in Intreo Centres or Citizens Information Centres. Please send completed application, along with all necessary supporting documentation to:

Bereaved Partner’s Pension Section

Social Welfare Services

College Road

Sligo

F91 T384

Note: We will first examine your entitlement to Bereaved Partner’s Contributory Pension. If you do not qualify for it as you do not satisfy the social insurance conditions and you are under age 66 with no dependent children, we will send you a supplementary form for Bereaved Partner’s Non-Contributory Pension for details in relation to habitual residence and your means.

A person may, depending on financial circumstances, claim Supplementary Welfare Allowance while awaiting a decision on pension entitlement. See separate guideline "SWA Guidelines" for details of the Supplementary Welfare Allowance Scheme.

It is an offence for a person to knowingly make a false or misleading statement or to provide documents or information which they know to be false in some respect for the purpose of obtaining or establishing entitlement to pension, or pension at a higher rate.

A person found guilty of such an offence could be liable to a substantial fine or a term of imprisonment of up to 12 months or both. Any overpayment of pension would also be repayable to the Department.

8. Certificates or Documents needed with your application form

Evidence of births, marriages and civil partnerships which occurred in the State are available to the Department and such certificates are not required.

Where the birth, marriage, civil partnership or death occurred outside the State, the person must provide the relevant original certificates as evidence. If these are not immediately available, they can be provided after the person has applied for pension, but this may delay the processing of the application.

A person applying for pension based on being a surviving qualified cohabitant is required to provide documentary evidence to support their application. This could include:

• joint bank/financial account
• joint rental agreement
• joint mortgage/purchase agreement
• property registered in joint names
• joint utility bill e.g. electricity, telephone

or any other documentary evidence to support that you and the deceased were a couple.

9. Late Claims

A claim for a Bereaved Partner’s Non-Contributory Pension should be made within three months of the date of death of the spouse or partner. A failure to claim on time may result in loss of pension payment.

There is provision to backdate the award of pension for up to 6 months before the date on which the claim was made. However, you will need a valid reason for claiming late before any decision to back-date the claim is considered.

It is also possible in certain exceptional circumstances to back-date claims for periods in excess of 6 months as follows:

• If the failure to claim on time arose because of incorrect information supplied by staff of the Department to you.
• Where the delay arose due to you being incapacitated by illness or infirmity. However, an illness though disabling, which would not cause your mental faculties to diminish significantly, would not be accepted as sufficient reason for late claim.

In all cases where a back-dated payment is being considered, entitlement to pension throughout that period must have been satisfactorily established.

If you feel that you may be entitled to a back-dated payment under any of the provisions outlined above, please set out your case in writing to us and supply any supporting documentation. Please also quote your PPS number when writing to us.

10. How will my claim to pension be decided?

Your application for pension will be decided by a Deciding Officer appointed by the Minister under Section 299 of the Social Welfare (Consolidation) Act, 2005. Deciding Officers are independent in the exercise of their function in deciding on entitlement to pension. In arriving at their decision, Deciding Officers are bound by the legal provisions in the Social Welfare Acts and Regulations.

When a decision is made on your claim, a written notification of the decision will be issued to you. If the claim is disallowed, or allowed at a reduced rate of payment, full details including details of the means assessed will be given, along with the right to appeal the decision.

If you consider that the decision you receive is incorrect, or you require clarification in relation to it, please contact the Deciding Officer immediately. It is also open to you to forward to the Deciding Officer any further documentary evidence that you think is relevant and s/he will then review the decision.

Any certificates or documents which have been submitted in support of the claim are returned with the letter, if not already returned earlier.

11. Appeal against a decision of a Deciding Officer

If you are not satisfied with the Deciding Officer's decision (either before or after seeking a review), you may appeal it to the independent Social Welfare Appeal's Office setting out fully the grounds of your appeal.

The easiest and quickest way to make your appeal is online through Make an Appeal on MyWelfare once you have a verified MyGovID account.

For additional information on how to make an appeal including how lodge an online appeal see gov.ie - Social Welfare Appeals Office (www.gov.ie)

Your appeal should be submitted within 60 days of the date of the decision letter. However, if you first seek a review by the Deciding Officer, you have 60 days from the completion of that review in which to make your appeal.

12. If I qualify for pension, how much will I get?

If you qualify for a Bereaved Partner’s Non-Contributory Pension, the amount of your weekly personal rate of pension will depend on the level of your means. Details are set out in the Rates of Payment Booklet SW19.

A person who has no other means can have capital of up to €27,999 and qualify for the maximum rate of pension, or capital of €94,999 and qualify for the minimum rate of pension.

13. How will my pension be paid?

Bereaved Partner’s Non-Contributory Pension is payable weekly in advance. The payment date is Friday, irrespective of which day of the week a person's spouse/partner dies.

It can be paid:

• Directly into your financial institution account. This is known as EFT (Electronic Fund Transfer); or
• At a chosen post office by Electronic Information Transfer (EIT) using your Public Services Card.

14. Duration of Payment

Bereaved Partner’s Non-Contributory Pension is payable until you reach the age of 66 and as long as you satisfy the qualifying conditions for receipt of payment. On reaching age 66 the Bereaved Partner’s Non-Contributory Pension will automatically cease, and you will be advised to apply for the State Pension Non-Contributory.

Where a person in receipt of pension cohabits, remarries or enters into a new civil partnership, they are no longer entitled to the pension and must notify the Department immediately.

15. Other increases/benefits that maybe payable to you

Please see Appendix 2 for a list of other allowances and benefits that you may qualify for.

16. What happens if I go to live outside the State?

Bereaved Partner’s Non-Contributory Pension is not payable if you go to live outside the State. However, payment may be made in certain circumstances for periods during which a person is temporarily outside the State (for example, on holidays, attending a family funeral and so on). Payment may be made in such circumstances for up to 3 weeks.

If you are leaving the State to live abroad, there is a legal obligation on you to notify the Department. It is not sufficient to notify your post office or financial institution. If you return to live here, you should re-apply immediately for your pension.

17. Imprisonment

A Bereaved Partner’s Non-Contributory Pension is not payable while a person is undergoing penal servitude, imprisonment, or detention in legal custody. [Exceptions to disqualification are contained in Articles 218 and 219 of SI 142/2007]

Payment of pension may resume when the person is released from prison, provided the qualifying conditions of the scheme are still satisfied.

18. Change of circumstances - need to notify the Department

The Bereaved Partner’s Pension Section, must be notified as quickly as possible if any of the changes set out below occur as they may affect your entitlement to pension. Remember to quote your PPS number whenever you contact us.

• Change in your means
• You marry or remarry
• You cohabit with someone (that is live with another person as a couple)
• You enter into a Civil Partnership
• You change address
• You wish to change the way in which your pension is paid (post office or bank)
• You leave the State
• You take up a course
• You are detained in legal custody or are imprisoned
• You start on a Community Employment Scheme
• Someone moves into or out of your house

18.1. Change in means

If your means have increased for any reason, you are legally obliged to notify the Department immediately of the increase. For example, if you have income from employment or self-employment, are getting an occupational pension, foreign or private pension or any other type of income, you must notify us in writing of any increases in this income by sending us a copy of the latest payment slip(s) you receive. Also, if the combined value of your savings, investments, cash-on-hands and property (except your own home) increases, you must advise us of the details.

If you do not notify the Department of increases in your means, you may incur an overpayment of pension which you (or your Estate after your death) will have to repay.

18.2. Pension Savings

If you save a portion of your Bereaved Partner’s Non-Contributory Pension each week, these savings will be taken into account as part of your means. Depending upon the amount of savings you accumulate along with any other means you may have, this could result in a reduction in (or revocation of) your pension.

19. Will my claim be reviewed?

The Department may carry out a review of any person’s pension at any time.

A review is initiated when the Department is notified of any change in circumstances that may affect entitlement. The onus is on the recipient of the payment to notify the Department immediately of any relevant changes in circumstances.

This review may be carried out by way of a visit from a Social Welfare Inspector or by direct correspondence or phone contact.

Periodic reviews are also initiated by the Department to confirm that the correct payment is being made to the correct person and that the qualifying conditions for receipt of Bereaved Partner’s Non-Contributory Pension continue to be fulfilled. The Department does this by issuing a letter to selected customers. The recipient is asked to complete the certificate, notify any changes which have occurred and sign a declaration that they will notify the Department of any future change in their circumstances which may affect payment.

There is an onus on all customers of the Department to assist with this process when requested.

20. Can I get another payment as well as Bereaved Partner’s Non-Contributory Pension?

Bereaved Partner’s Non-Contributory Pension is not payable in addition to other social welfare payments other than the following:

• Guardian's Payment Contributory or Non-Contributory
• Blind Pension - where a person is in receipt of Blind Pension and Bereaved Partner’s Non-Contributory Pension, the following benefits are not payable:
  • Jobseeker's Benefit
  • Illness Benefit
  • Occupational Injury Benefit
  • Health and Safety Benefit
  • Adoptive Benefit
  • Maternity Benefit
  • Incapacity Supplement

· Half rate Carer's Allowance. However, it is not payable where a person is in receipt of more than one payment.

21. Payment Related Matters

Further information on matters relating to payment are available in the operational guidelines on Payment-Related Issues.

22. Where to get more information

To get more detailed information on any of the Department’s schemes and services, including how to apply:

• Visit our website www.gov.ie/dsp
• Visit your local Intreo Office
• Visit your local Citizens Information Centre or the Citizens Information website.

The following are the main items that do not count as means:

• Your own home
• Income from property assessed on its capital value
• Any payment made by the Department of Social Protection
• The first €20,000.00 of capital
• Any moneys received in respect of rent from a person who resides with the claimant or beneficiary and but for the residence of the person the claimant or beneficiary would reside alone
• Money received from a recognised charitable organisation (excluding a public or local authority)
• The maintenance element of a higher education grant paid in respect of you
• The first €100.00 of earnings from employment (excluding self-employment or farming income)
• Any expenses necessarily incurred in carrying on any form of self-employment
• Mobility Allowance from the Department of Health
• €104 per year from an allowance, dependent's allowance, disability or wound pension under the Army Pension's Act, 1923 to 1980, or a combination of such allowances and pensions, including a British War Pension
• Any income arising by way of an infectious diseases maintenance allowance to or in respect of the person
• Any income from providing accommodation to students studying Irish in Gaeltacht areas, under a scheme administered by the Minister for the Gaeltacht
• The yearly value of all income derived from compensation awarded:

(a) by the Compensation Tribunal established by the Minister for Health on 15.12.1995, the Hepatitis C Compensation Tribunal established under Section 3 of the Hepatitis C Compensation Tribunal Act, 1997 (No. 34 of 1997), the Hepatitis C and HIV Compensation Tribunal established under Section 2 of the Hepatitis C Compensation Tribunal (Amendment) Act, 2002 (No. 21 of 2002), or by a court of competent jurisdiction, to compensate certain persons who have contracted Hepatitis C or Human Immunoglobulin Virus within the State from the use of Human Immunoglobulin - Anti-D, whole blood or other blood products

(b) to persons who have disabilities caused by Thalidomide and

(c) to persons by the Residential Institutions Redress Board

(d) under the provisions of the Health (Repayment Scheme) Act 2006 (No. 17 of 2006) to a relevant person within the meaning of that Act.

Free Travel

The Free Travel Scheme allows you to travel, free of charge, on public transport owned by the State and some services operated by private bus and ferry transport operators. A person aged 60 to 65 in receipt of Bereaved Partner’s Non-Contributory Pension and whose late spouse/ partner held Free Travel prior to death, may qualify for Free Travel provided the parties were residing permanently together.

See Free Travel Scheme for further information or to download the relevant application form.

Fuel Allowance

Fuel Allowance helps with the cost of heating your home and operates from October to April. Entitlement depends mainly on the means and the composition of the household. Only one Fuel Allowance is payable per household. If you have not already applied for this allowance, you can apply online at www.mywelfare.ie.

See Fuel Allowance Scheme for further details.

Household Benefits Package

The Household Benefits Package helps towards the costs of your electricity or gas bills and includes your television licence. Only one Household Benefits Package is payable per household.

A person aged 60 to 65 (inclusive) in receipt of Bereaved Partner’s Non-Contributory Pension and whose late spouse was in receipt of any of the allowances listed above prior to death, may qualify for these allowances. You can apply online at www.mywelfare.ie.

A person transferring from Invalidity Pension to Bereaved Partner’s Non-Contributory Pension will continue to benefit from any household benefits to which they had entitlement while receiving Invalidity Pension.

Please see Household Benefits Package for further details.

Supplementary Welfare Allowance Scheme

A person may qualify for additional payments under the Supplementary Welfare Allowance scheme, for example, Rent Supplement, Mortgage Interest Supplement, Diet Supplement, Exceptional Needs Payments.

Carer's Allowance/Benefit

A person who is claiming a Social Welfare Payment (other than Carer's Allowance or Carer's Benefit) and who is providing full time care to another person may now apply for Carer's Allowance and retain their current payment in full. If they satisfy the conditions for Carer's Allowance it will be awarded at 50% of the personal rate they would qualify for if they were not in receipt of any other payment. They will also be eligible for Household Benefits and a Free Travel Pass.

If you need full-time care and attention, the person looking after you may qualify for a Carer's Allowance or Carer's Benefit. Carer's Allowance is a means‑tested payment, Carer's Benefit is a payment made to insured persons who leave the workforce to care for a person in need of full-time care and attention. See Carer's Allowance and Carer's Benefit for more details.

Online Services

A range of services are now available on www.MyWelfare.ie. These include applying for State Pension, Fuel Allowance or Household Benefits or updating your address or payment method.

All you need is a verified MyGovID account. You can set up a verified MyGovID account if you have a Public Services Card, an email address, and a verified phone number with the Department. Go to www.MyGovID.ie and follow the steps.

Where to get more information

To get more detailed information on these allowances, or on any of the Department’s schemes and services, including how to apply:

• Visit our website www.gov.ie/dsp
• Visit your local Intreo Office
• Visit your local Citizens Information Centre or the Citizens Information website.