Social Welfare (Consolidation) Act, 1981
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Death benefit for widows and widowers and increases for qualified children. [1966 OI, s. 17; 1977, s. 20] |
50.—(1) The widow of the deceased shall be entitled to death benefit if at his death she either was living with him or was being, or would but for the relevant accident have been, wholly or mainly maintained by him. | |
(2) In the case of a widow, death benefit shall be a pension at the weekly rate set out in column (2) of Part I of the Second Schedule , and if she has attained pensionable age and is living alone that rate shall be increased by the amount set out in column (7) of that Part. | ||
(3) A pension under subsection (2) shall not be payable for any period after the remarriage of the widow. | ||
(4) A widow shall be disqualified for receiving a pension under this section if and so long as she and any person are cohabiting as man and wife. | ||
[1966 OI, s. 18] | ||
(5) The widower of the deceased shall be entitled to death benefit if at her death he was being wholly or mainly maintained by her or would, but for the relevant accident, have been so maintained. | ||
(6) In the case of a widower who was, at the death of the deceased, incapable of self-support by reason of some physical or mental infirmity and likely to remain permanently so incapable, death benefit shall be a pension at the weekly rate set out in column (2) of Part I of the Second Schedule , and if he has attained pensionable age and is living alone that rate shall be increased by the amount set out in column(7) of that Part. | ||
(7) In the case of any other widower, death benefit shall be a gratuity of the amount set out in Part II of the Second Schedule . | ||
(8) A pension under subsection (6) shall not be payable for any period after the person to whom it is payable ceases to be incapable of self-support by reason of some physical or mental infirmity. | ||
[1966 OI, s. 19] | ||
(9) The weekly rate of pension under subsection (2) or (6) shall be increased by the amount set out in column (4) or (5) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary and who— | ||
(a) normally resided with the beneficiary or the deceased immediately before the death of the deceased, or | ||
(b) being a child, grand-child or step-child of the deceased or of the beneficiary, became normally resident with the beneficiary subsequent to the death of the deceased, or | ||
(c) was adopted by the beneficiary pursuant to the provisions of the Adoption Acts, 1952 to 1976, subsequent to the death of the deceased. | ||
[1969 MP, s. 13 (2)] | ||
(10) For the purpose of subsection (9), a person over the age of 18 years who, if he were under that age, would be a qualified child, shall be taken to be a qualified child for any period during which he is under the age of 21 years and is receiving full-time instruction by day at any university, college, school or other educational establishment. |