Foilsiú
Operational Guidelines: Widow’s, Widower’s or Surviving Civil Partner’s (Non-contributory) Pension
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Widow’s, Widower’s or Surviving Civil Partner’s Non Contributory Pension is a means-tested payment payable to a widow or widower or surviving civil partner up to age 66 who does not satisfy the contribution conditions for Widow’s, Widower’s or Surviving Civil Partner’s Contributory pension. Widow’s, Widower’s or Surviving Civil Partner’s is a payment for widow’s, widower’s or Surviving Civil Partners who do not have dependant children.
Note: A widow’s, widower’s or surviving civil partner with dependant children may qualify for One Parent Family Payment. See separate guideline on One-Parent Family Payment for more detail.
The main legislative provisions relating to Widow’s, Widower’s or Surviving Civil Partner’s Non-Contributory Pension are contained in:
The scheme is administered by:
To qualify for this pension, you must satisfy all of the following conditions you must:
Where a person has been married more than once, the condition of being widowed relates only to the last spouse of the person. However, a person who is divorced from his/her late spouse, being a divorce that is recognised as valid in the State, and has not remarried, will qualify as a widow/er, provided all other qualifying conditions are satisfied. The provision enabling divorced persons to qualify for pension is contained in Section 12 of Social Welfare No 2 Act 1995, which was introduced by virtue of S.I. 194/97, with effect from 21 April 1997. A Widow’s, Widower’s or Surviving Civil Partner’s Non-Contributory Pension is not payable to a person who is legally divorced from their former spouse (that is a divorce that is recognised as valid in the State), for any period prior to 21 April 1997.
Widow’s, Widower’s or Surviving Civil Partner’s Non-Contributory Pension is not payable in the following circumstances:
A Widow’s, Widower’s or Surviving Civil Partner’s Non-Contributory Pension is not payable while a person is cohabiting or civil partners.
A Widow’s, Widower’s or Surviving Civil Partner’s Non-Contributory Pension is not payable after a person remarries or enters into a new civil partnership.
A Widow’s, Widower’s or Surviving Civil Partner’s Non-Contributory Pension is not payable to a person who is legally divorced from their former spouse (that is a divorce that is recognised as valid in the State), for any period prior to 21 April 1997. Subsequent to this date a divorced person has entitlement to Widow’s, Widower’s or Surviving Civil Partner’s Non-Contributory Pension provided they have not remarried or entered into a new civil partnership or cohabit.
Widow’s, Widower’s or Surviving Civil Partner’s Non-Contributory Pension is not payable to a person whose marriage has been annulled in civil law or whose civil partnership has been dissolved by the State. Where a State annulment has occurred, the marriage is deemed never to have taken place.
Note: A church annulment does not affect the status of a Widow’s, Widower’s or Surviving Civil Partner’s Non-Contributory Pension as the marriage has not in effect been legally dissolved.
A Widow’s, Widower’s or Surviving Civil Partner’s Non-Contributory Pension is not payable to a person who is absent from the State. 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.
A Widow’s, Widower’s or Surviving Civil 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.
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 with regard to age, habitual residence, living in the State and PPS number, you will qualify for Widow’s, Widower’s or Surviving Civil Partner’s Non-Contributory Pension if your weekly means are not above the appropriate 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 in full. You must declare full details of your means. Incomplete application forms will be returned to the applicant 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.
The main items that count as means include:
Cash income from employment is assessed as part of your means. However, there is an additional earnings disregard of €100.00 for a pensioner in insurable employment. For example, your 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.
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:
Household running costs are not allowed as deductions against business profit.
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.
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 special formula (see below) is applied to their total value to calculate your weekly means.
| Amount of savings and investments | Weekly means assessment |
| First €20,000.00 | Nil |
| Next €10,000.00 | 1.00 per 1,000.00 |
| Next €10,000.00 | 2.00 per 1,000.00 |
| Balance | 4.00 per 1,000.00 |
If you save a portion of your Widow’s, Widower’s or Surviving Civil 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.
You are legally obliged to notify the department within seven days of any increase in your means.
If you deprive yourself of capital in order 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.
A list of the main items that are not taken into account in the means test are set out in Appendix 1.
If you qualify for a Widow’s, Widower’s or Surviving Civil Partner’s Non-Contributory Pension the pension will be made up of a personal rate depending on your level of means. The weekly personal rates of pension are shown 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 of €220.00 per week. Alternatively, the same person can have capital as high as €85,999 and qualify for a reduced pension of €3.00 per week.
On reaching age 66 the Widow’s, Widower’s or Surviving Civil Partner’s Non-Contributory Pension will cease and the person will be advised to apply for State Pension Non-Contributory.
Widow’s, Widower’s or Surviving Civil 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/civil partner dies.
Widow’s, Widower’s or Surviving Civil Partner’s Non-Contributory Pension may be paid:
or
Widow’s, Widower’s or Surviving Civil 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 Widow’s, Widower’s or Surviving Civil Partner’s Non-Contributory Pension will automatically cease and you will be advised to apply for the State Pension.
Please see Appendix 2 for a list of other allowances and benefits that you may qualify for.
Apart from satisfying the conditions of making a claim, you should apply for the pension within three months from the date of death of your spouse or civil partner.
To apply, please complete an application form (WP1), available from your post office, local Social Welfare Office or from Social Welfare Services, Sligo.
When completed, please send it along with all necessary supporting documentation to:
Evidence of births, marriages and civil partnerships which occurred in the State are available to the department and are not required to be sent with the application. However where the birth, marriage or civil partnership occurred outside the State evidence must be provided by sending us the following certificates, where relevant:
Evidence of the late spouse's/civil partner’s death is required. Where a Death Certificate is not available a memorial card or press cutting showing the date of death should be forwarded.
We do not accept photocopies of certificates. If the certificate(s) are not immediately available, the claimant should send the pension application form with a note stating that the certificate(s) will be forwarded as soon as possible. If sending in certificate(s) at a later date, the claimant should ensure that the PPS number is quoted.
A claim cannot be awarded without confirmation that a person is the legal widow(er)/surviving civil partner of the deceased or would have been the legal widow(er)/surviving civil partner but for the fact that s/he and spouse/civil partner were divorced or had their civil partnership dissolved and the divorce/dissolution is recognised as valid in the State.
A claim to Widow’s, Widower’s or Surviving Civil Partner’s Non-Contributory Pension should be made within three months of the date of death of the spouse or civil partner. Where a person fails to make a claim within the prescribed time, s/he will be disqualified from receiving payment in respect of any period prior to the date of claim. This also applies to making a claim for any increases.
If you apply for pension late, you may lose out on part of your entitlement. 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:
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.
Your application for pension will be decided by a statutorily appointed Deciding Officer of the department who will notify you in writing of his/her decision. Deciding Officers are independent in the exercise of their functions in deciding on entitlements to pension. If your claim is disallowed or allowed at a reduced rate of payment, you will be given full details including details of the means assessed.
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.
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 by writing to the Chief Appeals Officer setting out fully the grounds of your appeal:
Your appeal should be submitted within 21 days of the date of the decision letter. However, if you first seek a review by the Deciding Officer, you have 21 days from the completion of that review in which to make your appeal.
Widow’s, Widower’s or Surviving Civil 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. When you return to live here, you should re-apply immediately for your pension.
The Widow’s, Widower’s or Surviving Civil Partner’s Non-Contributory Section, Social Welfare Services, College Road, Sligo 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 pension reference number whenever you contact us.
If your means has increased for any reason, you are legally obliged to notify the department of the increase(s) within a period of seven days. For example, if you are getting an occupational pension, foreign retirement 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.
Other changes which require notification:
A review is initiated when the department is notified of any change in circumstances that may affect entitlement. 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 Widow’s, Widower’s or Surviving Civil Partner’s Non-Contributory Pension continue to be fulfilled.
Widow’s, Widower’s or Surviving Civil Partner’s Non-Contributory Pension is not payable in addition to other social welfare payments except in the following circumstances:
(i) A person may receive Guardian's Payment (Contributory) or Guardian's Payment (Non-Contributory) in addition to Widow’s, Widower’s or Surviving Civil Partner’s Non-Contributory Pension.
(ii) Blind Pension - where a person is in receipt of Blind Pension and Widow’s, Widower’s or Surviving Civil Partner’s Non-Contributory Pension, the following benefits are not payable:
(iii) Half rate Carer's Allowance
From 27 September 2007 a person who is claiming a Social Welfare Payment (other than Carer's Allowance or Carer's Benefit) or being claimed for as a Qualified Adult and who is providing full-time care to another person, may 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 Free Travel.
It should be noted that half-rate Carer's payment shall not be payable where a person is in receipt of more than one payment.
Under the Freedom of Information 2014, you have the right:
You may not be able to access certain records which are exempt under the Act, for example information relating to another person.
Requests for access to records must be made in writing and contain enough information so that we know what records you are looking for. Request forms are available from your local Social Welfare Office or from the Freedom of Information: Access to Records Application Form.
The following are the main items that do not count as means:
(a) by the Compensation Tribunal established by the Minister for Health on 15.12.95, 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, or
(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
A person aged 60 to 65 in receipt of Widow’s, Widower’s or Surviving Civil Partner’s Non-Contributory Pension and whose late spouse/surviving civil partner held Free Travel prior to death, may qualify for Free Travel provided the parties were residing permanently together. Application should be made for Free Travel.
The Fuel Allowance Scheme is intended to help households who are dependent on long-term social welfare or health board payments and who are unable to provide for their own heating needs. The scheme operates from October to April.
If you qualify for a Widow’s, Widower’s or Surviving Civil Partner’s Non-Contributory Pension ryou may be also eligible to claim a Fuel Allowance of €33.00 per week.
See Fuel Allowance Scheme for further details.
Household Benefits Package includes the following allowances:
A person aged 60 to 65 (inclusive) in receipt of Widow’s, Widower’s or Surviving Civil 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. Application should be made for the appropriate allowances.
A person transferring from Invalidity Pension to Widow’s, Widower’s or Surviving Civil Partner’s Non-Contributory Pension will continue to benefit from any free schemes to which s/he had entitlement while receiving Invalidity Pension.
As an alternative to the electricity allowance, a person may claim a Natural Gas Allowance, Cash Gas Allowance or Cash Electricity Allowance.
Please see Household Benefits Package for further details.
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.
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 - see Carer's Allowance and Carer's Benefit for more details.
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