Social Welfare (Consolidation) Act, 1981

Disqualifications.

[1935 WOPS, s. 30; S.I. No. 25 of 1953]

180.—(1) Except where regulations otherwise provide, a widow shall be disqualified for receiving a widow's (non-contributory) pension (including any increase for a qualified child) for any period during which she is undergoing penal servitude, imprisonment or detention in legal custody.

(2) Regulations may provide for the suspension of payment of pension to or in respect of any widow during any such period as is mentioned in subsection (1) which is excepted from the operation of that subsection or which is payable otherwise than in respect of that period.

(3) Notwithstanding a disqualification by virtue of subsection (1) for receiving a pension which includes an increase in respect of a qualified child, such increase shall, in such cases as may be prescribed, be paid to the prescribed person.

(4) A widow shall not, if and so long as she and any person are cohabiting as man and wife, be entitled to and shall be disqualified for receiving payment of a widow's (non-contributory) pension.