Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025

Entitlement to bereaved partner’s pension

8. The Principal Act is amended by the insertion of the following section:

“124A. (1) Subject to this Act, a bereaved partner shall be entitled to a pension—

(a) where the contribution conditions set out in section 125(1) are satisfied on either the insurance record of the bereaved partner or that of his or her deceased partner,

(b) where the deceased partner was entitled to a State pension (contributory) which included an increase in respect of the bereaved partner by virtue of section 112(1) in respect of a period ending on the deceased partner’s death, or

(c) where the deceased partner would have been entitled to a State pension (contributory) at an increased weekly rate by virtue of section 112(1), in the deceased partner’s own right, in respect of a period ending on his or her death, but for the receipt by the bereaved partner of a State pension (non-contributory), a blind pension or a carer’s allowance.

(2) Subject to sections 241(2) and 242, a bereaved partner whose claim is based on being a surviving qualified cohabitant shall, regardless of the date of death of his or her deceased partner, be entitled to a pension under this section from 22 January 2024 or the date of death of the deceased partner, whichever is the later date.

(3) A bereaved partner shall be disqualified for receiving a pension under this section if and so long as he or she is a cohabitant.

(4) A pension under this section shall cease as and from—

(a) the date of marriage or remarriage of the beneficiary,

(b) the date of entry by the beneficiary into a civil partnership or a new civil partnership, or

(c) the date on which the beneficiary becomes a qualified cohabitant or again becomes a qualified cohabitant.”.