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SOLR_PROP

Social Welfare Act, 1996

Widow's and widower's (contributory) pension — entitlement of person whose marriage has been dissolved.

28.(1) Section 100 (inserted by section 11 of the Act of 1994) of the Principal Act is hereby amended by—

(a) the substitution for the definition of “spouse” of the following definition:

“‘spouse’, in relation to a widow or widower who has been married more than once, refers only to the widow's or widower's last spouse and for this purpose that last spouse shall be construed as including a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State;”,

and

(b) the insertion after the definition of “spouse” of the following definitions:

“‘widow’ means a widow or a woman who would otherwise be a widow but for the fact that her marriage has been dissolved, being a dissolution that is recognised as valid in the State;

‘widower’ means a widower or a man who would otherwise be a widower but for the fact that his marriage has been dissolved, being a dissolution that is recognised as valid in the State;”.

(2) Section 101 (1) (inserted by section 11 of the Act of 1994) of the Principal Act is hereby amended by the substitution for paragraph (b) of the following paragraph:

“(b) if the widow's or widower's spouse was entitled to an old age (contributory) pension or a retirement pension which included an increase in respect of him by virtue of section 87(1) or section 91(1) in respect of a period ending on the spouse's death, or”.

(3) Section 3 of the No. 2 Act of 1995 is hereby repealed.