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

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Chapter 18 - Interpretation

5. The Principal Act is amended by the substitution of the following section for section 123:

“123. (1) Subject to subsection (2), in this Chapter—

‘Act of 2025’ means the Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025;

‘bereaved partner’ means a widow, a widower, a surviving civil partner or a surviving qualified cohabitant;

‘civil partner’—

(a) shall not include a person who would otherwise be a civil partner but for the fact that his or her civil partnership has been dissolved, being a dissolution that is recognised as valid in the State, and

(b) in relation to a surviving civil partner who has been party to a civil partnership more than once, refers only to the surviving civil partner’s last civil partner;

‘deceased partner’ means, in respect of a bereaved partner, the last deceased spouse, civil partner or qualified cohabitant, as the case may be, of the bereaved partner;

‘medical institution’ means—

(a) a hospital,

(b) a nursing home within the meaning of the Nursing Homes Support Scheme Act 2009 , or

(c) such other medical institution as may be prescribed;

‘pension’ means a bereaved partner’s (contributory) pension payable in respect of a deceased partner;

‘relevant time’ means—

(a) where the contribution conditions are being satisfied on the bereaved partner’s insurance record—

(i) the date of death of the deceased partner,

(ii) where the bereaved partner attained pensionable age before the date of death of the deceased partner, the date on which he or she attained that age, or

(iii) where the bereaved partner is a person born on or after 1 January 1958, who has attained pensionable age and has paid qualifying contributions or voluntary contributions after attaining pensionable age and before the date of death of the deceased partner, the date upon which the last such qualifying contribution or voluntary contribution was paid,

or

(b) where the contribution conditions are being satisfied on the deceased partner’s insurance record—

(i) the date on which the deceased partner attained pensionable age,

(ii) where the deceased partner died before attaining pensionable age, the date of his or her death, or

(iii) where the deceased partner was a person born on or after 1 January 1958, who had attained pensionable age and had paid qualifying contributions or voluntary contributions after attaining pensionable age, the date upon which the last such qualifying contribution or voluntary contribution was paid;

‘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;

‘widow’ shall not include 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’ shall not include 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;

‘yearly average’ means the average per contribution year of contribution weeks in respect of which the bereaved partner or deceased partner, as the case may be, has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified in section 125(1)(b) and where the average so calculated is a fraction of a whole number consisting of one-half or more it shall be rounded up to the nearest whole number and where it is a fraction of less than one-half it shall be rounded down to the nearest whole number.

(2) (a) For the purposes of this Chapter, Chapter 21 and Chapter 6 of Part 3 and subject to any regulations under subsection (3), where the death of the deceased partner occurred on or after the date of the passing of the Act of 2025, a person shall not be considered a bereaved partner if the Minister is satisfied in all the circumstances that—

(i) in the case of a married couple, the spouses had lived apart and were not in an intimate and committed relationship for a period of at least 2 years immediately preceding the date of death of the deceased spouse, or

(ii) in the case of a civil partnership, the civil partners had lived apart and were not in an intimate and committed relationship for a period of at least 2 years immediately preceding the date of death of the deceased civil partner.

(b) For the purpose of paragraph (a)—

(i) spouses who live in the same dwelling as one another shall be considered as living apart from one another if the Minister is satisfied that, while so living in the same dwelling, the spouses do not live together as a couple in an intimate and committed relationship,

(ii) civil partners who live in the same dwelling as one another shall be considered as living apart from one another if the Minister is satisfied that, while so living in the same dwelling, the spouses do not live together as a couple in an intimate and committed relationship,

(iii) a relationship does not cease to be an intimate relationship merely because it is no longer sexual in nature.

(3) The Minister may by regulations—

(a) specify the circumstances (including residence in a medical institution) in which, and the periods during which (including periods longer than 2 years), spouses who are in an intimate and committed relationship but are living apart may, for the purpose of subsection (2)(a)(i) and section 81, be deemed to be periods when they are living together, and

(b) specify the circumstances (including residence in a medical institution) in which, and the periods during which (including periods longer than 2 years), civil partners who are in an intimate and committed relationship but are living apart may, for the purpose of subsection (2)(a)(ii) and section 81, be deemed to be periods when they are living together.”.