Social Welfare Consolidation Act 2005

Chapter 20

Bereavement Grant

Entitlement to grant.

[1999 s19(1)]

134.—(1) Subject to this Act, a bereavement grant shall be payable, to the person or persons that may be prescribed, on the death of—

(a) (i) a pensioner,

(ii) a qualified adult,

(iii) a spouse of a pensioner,

(iv) a qualified child in respect of whom an increase of pension specified in paragraphs (a) to (f) in the definition of “pensioner” in subsection (3) was being paid at the time of death,

(v) an orphan, or

(vi) a person to whom an orphan's (contributory) allowance is payable under section 133 ,

or

(b) (i) an insured person,

(ii) the spouse of an insured person,

(iii) the widow or widower of a deceased insured person, or

(iv) a qualified child other than a qualified child referred to in paragraph (a)(iv),

where the contribution conditions in section 135 are satisfied.

[1999 s19(1)]

(2) Only one bereavement grant shall be paid by virtue of this section on any one death.

[1999 s19(1)]

(3) In this Chapter—

“orphan” means a person in respect of whom an orphan's (contributory) allowance is payable under Chapter 19;

“pensioner” means a person who, at the time of his or her death, was in receipt of one of the following payments—

(a) old age (contributory) pension,

(b) retirement pension,

(c) invalidity pension,

(d) widow's (contributory) pension,

(e) widower's (contributory) pension, or

(f) deserted wife's benefit,

or would have been in receipt of one of those payments but for receipt by the person of an old age (non-contributory) pension, a blind pension, a widow's (non-contributory) pension or widower's (non-contributory) pension or a carer's allowance at a higher rate;

“qualified adult” means a person in respect of whom an increase of benefit specified in paragraphs (a) to (c) in the definition of “pensioner” was being paid at the time of death, or in respect of whom that increase would have been payable but for the receipt by the qualified adult of an old age (non-contributory) pension, a blind pension or a carer's allowance in his or her own right;

“qualified child”, in section 134 (1)(b), means a person—

(a) who, at the date of death, is under the age of 18 years or over the age of 18 years and under the age of 22 years, and is receiving full-time education, the circumstances of which will be specified in regulations,

(b) who is ordinarily resident in the State on that date, and

(c) in respect of whose death the relevant contribution conditions for bereavement grant are not satisfied by the person's insurance or the insurance of that person's spouse;

“relevant date” means the date of death of the deceased person or the date of death of the relevant insured person or the date of attainment of pensionable age of the relevant insured person, whichever occurs first, whether the deceased is the relevant insured person or not;

“relevant insured person” means—

(a) in case the deceased person was a qualified child—

(i) the father or mother of the deceased person,

(ii) the person with whom the deceased person at the date of death is determined, in accordance with regulations made under section 3 (5), to have been normally residing or with whom he or she would have been normally so residing if he or she had not been committed to a reformatory or an industrial school, or

(iii) the spouse of the person referred to in subparagraph (ii),

or

(b) in any other case, the deceased person or the spouse of the deceased person;

“yearly average” means the average per contribution year of contribution weeks in respect of which the relevant insured person has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified in section 135 (1)(b)(ii).