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

Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2025 Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025 Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 8 of 2025 SOCIAL WELFARE (BEREAVED PARTNER’S PENSION AND MISCELLANEOUS PROVISIONS) ACT 2025 CONTENTS

PART 1

Preliminary and General Section

Section 1

Section 2

PART 2

Bereaved Partner’s Pension

Section 3

Section 4

Section 5

Section 6

Section 7

Section 8

Section 9

Section 10

Section 11

Section 12

Section 13

Section 14

Section 15

Section 16

Section 17

Section 18

PART 3

Miscellaneous Amendments to Principal Act and Family Courts Act 2024

Section 19

Section 20

Section 21

PART 1

Preliminary and General Short title and construction 1. (1) This Act may be cited as the Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025.

Definition 2. In this Act, “Principal Act” means the Social Welfare Consolidation Act 2005 .

PART 2

Bereaved Partner’s Pension Amendment of section 2 of Principal Act 3. Section 2 of the Principal Act is amended, in subsection (1), by the insertion of the following definitions: “ ‘qualified cohabitant’ shall be construed in accordance with section 123A; ‘surviving qualified cohabitant’ means one qualified cohabitant of a couple who were both qualified cohabitants of each other and whose qualified cohabitant is deceased;”.

Death benefit for bereaved partners and increases for qualified children, etc.

Chapter 18 - Interpretation

‘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.

Qualified cohabitant 6. The Principal Act is amended by the insertion of the following section after section 123: “123A. (1) For the purposes of this Act, and subject to subsections (2) to (4), a person shall be a qualified cohabitant if— (a) the person is one of 2 adults (whether of the same or the opposite sex) who are not related to each other within the prohibited degrees of relationship or married to each other or civil partners of each other and who have been living together in an intimate and committed relationship as a couple— (i) for a period of 2 years or more, in a case where there are one or more children of the relationship, and (ii) for a period of 5 years or more, in any other case, or (b) the person— (i) is a person referred to in paragraph (a) on the date of death of his or her deceased partner, or (ii) is a person referred to in paragraph (a) whose relationship ended not more than 2 years before the date of death of his or her deceased partner.

Repeal of section 124 of Principal Act 7. Section 124, insofar as it is still in operation, of the Principal Act is repealed.

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.

Operation of section 124A and repeal of section 124-savers 9. The Principal Act is amended by the insertion of the following section after section 124A: “124B. (1) Notwithstanding anything in section 124A, a person who— (a) by virtue of being a woman who would otherwise have been a widow but for the fact that her marriage was dissolved, being a dissolution that was recognised as valid in the State— (i) was in receipt of a widow’s (contributory) pension on the passing of the Act of 2025, or (ii) would have been entitled to a widow’s (contributory) pension immediately before the passing of the Act of 2025 by virtue of the date of death of her husband preceding such passing, (b) by virtue of being a man who would otherwise have been a widower but for the fact that his marriage was dissolved, being a dissolution that was recognised as valid in the State— (i) was in receipt of a widower’s (contributory) pension on the passing of the Act of 2025, or (ii) would have been entitled to a widower’s (contributory) pension immediately before the passing of the Act of 2025 by virtue of the date of death of his wife preceding such passing, or (c) by virtue of being a person who would have been a surviving civil partner but for the fact that his or her civil partnership was dissolved, being a dissolution that was recognised as valid in the State, where he or she— (i) was in receipt of a surviving civil partner’s (contributory) pension on the passing of the Act of 2025, or (ii) would have been entitled to a surviving civil partner’s (contributory) pension immediately before the passing of the Act of 2025 by virtue of the date of death of his or her civil partner preceding such passing, shall, on the passing of the Act of 2025, having satisfied the conditions in subsection (1) of section 124A, be regarded as being entitled to a bereaved partner’s pension.

Amendment of section 125 of Principal Act 10. Section 125 of the Principal Act is amended by the substitution of the following subsection for subsection (1): “(1) The contribution conditions for pension are— (a) that the bereaved partner has qualifying contributions in respect of not less than 260 contribution weeks in the period beginning with his or her entry into insurance and ending immediately before the relevant time, and (b) that, where at the relevant time, 4 years or longer has elapsed since the bereaved partner’s entry into insurance— (i) the yearly average for the 3 contribution years, or (where warranted by his or her insurance record) 5 contribution years, ending with the end of the last complete contribution year before the relevant time is not less than 39, or (ii) the yearly average in respect of the period commencing at the beginning of the contribution year in which his or her entry into insurance occurred and ending at the end of the last complete contribution year before the relevant time is not less than 48, but, where those conditions are not satisfied on the bereaved partner’s insurance record, they may be satisfied on his or her deceased partner’s insurance record, (the bereaved partner’s insurance record being disregarded).”.

Bereaved parent grant 11. Part 2 of the Principal Act is amended by the substitution of the following Chapter for Chapter 21: “CHAPTER 21 Bereaved Parent Grant Entitlement to bereaved parent grant 137. (1) Subject to this Act, a grant (in this section referred to as a ‘bereaved parent grant’) of €8,000, or any higher amount that may be prescribed, shall be paid to a bereaved partner on the death, on or after the passing of the Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025, of his or her spouse, civil partner or qualified cohabitant, as the case may be, where the bereaved partner is entitled to or in receipt of— (a) death benefit under section 81, (b) bereaved partner’s (contributory) pension under Chapter 18 of Part 2, (c) bereaved partner’s (contributory) pension under Chapter 18 of Part 2 by virtue of Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 20041 on the coordination of social security systems, or by virtue of a reciprocal arrangement under section 287, (d) one-parent family payment, (e) State pension (contributory), or (f) State pension (non-contributory), which includes an increase in respect of a qualified child.

Amendment of section 162 of Principal Act 12. The Principal Act is amended in section 162— (a) by the substitution of the following subsection for subsection (1): “(1) In this Chapter, save where the context otherwise requires— ‘bereaved partner’ has the meaning given to it in section 123; ‘civil partner’ has the meaning given to it in section 123; ‘deceased partner’ has the meaning given to it in section 123; ‘pension’ means a bereaved partner’s (non-contributory) pension; ‘weekly means’ shall, subject to Rule 1(1) of Part 5 of Schedule 3, be the yearly means divided by 52; ‘widow’ has the meaning given to it in section 123; ‘widower’ has the meaning given to it in section 123.”, and (b) in subsection (2)— (i) by the insertion of the following paragraph after paragraph (a): “(aa) a bereaved partner who— (i) has married or remarried, (ii) has entered into a civil partnership or entered into a new civil partnership, or (iii) becomes a qualified cohabitant or again becomes a qualified cohabitant, shall not be regarded as the bereaved partner of his or her former spouse, civil partner or qualified cohabitant, as the case may be.”, and (ii) by the deletion of paragraphs (b) and (c).

Entitlement to pension 13. The Principal Act is amended by the substitution of the following section for section 163: “163. (1) Subject to this Act, a pension shall be payable to a bereaved partner who has not attained pensionable age.

Disqualification 14. The Principal Act is amended by the substitution of the following section for section 166: “166. A bereaved partner shall be disqualified for receiving a pension if and so long as he or she is a cohabitant.”.

Avoidance of double pension 15. The Principal Act is amended by the substitution of the following section for section 167: “167. Where a bereaved partner would, but for this section, be entitled to both a bereaved partner’s (contributory) pension and a pension under this Chapter, the latter pension shall not be payable except insofar as is provided by regulations under section 247.”.

Repeal of section 167A of Principal Act 16. Section 167A of the Principal Act is repealed.

Consequential amendments to Principal Act 17. The Principal Act is amended— (a) in section 21(1)(e), by the substitution of “bereaved partner’s (contributory) pension” for “widow’s (contributory) pension, widower’s (contributory) pension, surviving civil partner’s (contributory) pension”, (b) in section 26(2), by the substitution of “bereaved partner’s (contributory) pension” for “widow’s (contributory) pension, widower’s (contributory) pension, surviving civil partner’s (contributory) pension”, (c) in section 39(1)— (i) by the substitution of the following paragraph for paragraph (k): “(k) bereaved partner’s (contributory) pension,”, and (ii) by the substitution of the following paragraph for paragraph (n): “(n) bereaved parent grant (paid by virtue of receipt of a benefit under Part 2).”, (d) in section 139(1)— (i) by the substitution of the following paragraph for paragraph (e): “(e) bereaved partner’s (non-contributory) pension and guardian’s payment (non-contributory),”, and (ii) by the substitution of the following paragraph for paragraph (f): “(f) bereaved parent grant (paid by virtue of one-parent family payment or State pension (non-contributory) under this Part),”, (e) in section 142(1)(a)(ii), by the substitution of the following clause for clause (IA): “(IA) bereaved partner’s (non-contributory) pension, but has ceased to be entitled to that pension by virtue of no longer being regarded as a bereaved partner within the meaning of section 162(1), or”, (f) in section 159, by the substitution of “bereaved partner’s (non-contributory) pension” for “widow’s (non-contributory) pension, widower’s (non-contributory) pension or surviving civil partner’s (non-contributory) pension” in each place that it occurs, (g) in section 160, by the substitution of “bereaved partner’s (contributory) pension” for “widow’s (contributory) pension, widower’s (contributory) pension, surviving civil partner’s (contributory) pension” in each place that it occurs, (h) in section 161E— (i) in subsection (1), by the substitution of “bereaved partner’s (contributory) pension” for “widow’s (contributory) pension or widower’s (contributory) pension or surviving civil partner’s (contributory) pension”, (ii) in subsection (2), by the substitution of “bereaved partner’s (contributory) pension” for “widow’s (contributory) pension, widower’s (contributory) pension, surviving civil partner’s (contributory) pension”, and (iii) in subsection (3), by the substitution of “bereaved partner’s (contributory) pension” for “widow’s (contributory) pension, widower’s (contributory) pension, surviving civil partner’s (contributory) pension”,

(i) in section 238B(3)(a)(ii), by the substitution of “bereaved parent grant” for “widowed or surviving civil partner grant”, (j) in section 241— (i) in subsection (2)— (I) in paragraph (a), by the substitution of “bereaved partner’s (contributory) pension” for “widow’s (contributory) pension, widower’s (contributory) pension, surviving civil partner’s (contributory) pension”, and (II) by the substitution of the following paragraph for paragraph (c): “(c) in the case of jobseeker’s benefit, jobseeker’s benefit (self-employed), jobseeker’s pay-related benefit, Covid-19 pandemic unemployment payment, health and safety benefit, adoptive benefit, paternity benefit, parent’s benefit, occupational injuries benefit (other than disablement benefit under section 75, an increase in disablement benefit under sections 77 and 78 or death benefit by way of pension under sections 81 and 83), carer’s benefit, bereavement grant, bereaved parent grant, jobseeker’s allowance, pre-retirement allowance, State pension (non-contributory), blind pension, bereaved partner’s (non-contributory) pension, guardian’s payment (non-contributory), one-parent family payment, carer’s allowance, farm assist, working family payment and back to work family dividend, in respect of any period before the date on which the claim is made,”, and (ii) in subsection (2A), in paragraph (b), by the substitution of “bereaved partner’s (contributory) pension” for “widow’s (contributory) pension, widower’s (contributory) pension, surviving civil partner’s (contributory) pension”, (k) in section 244(1)(c)(ii), by the substitution of “bereaved partner’s (contributory) pension” for “widow’s (contributory) pension widower’s (contributory) pension or surviving civil partner’s (contributory) pension”, (l) in section 247, by the substitution of “bereaved parent grant” for “widowed or surviving civil partner grant” in each place that it occurs, (m) in section 247A, by the substitution of “bereaved parent grant,” for “widowed parent grant,” in each place that it occurs, (n) in section 247B(1)— (i) in paragraph (a), by the substitution of the following subparagraph for subparagraph (iv): “(iv) bereaved parent grant,”, and (ii) in paragraph (c), by the substitution of the following subparagraph for subparagraph (iii): “(iii) a bereaved parent grant,”, (o) in section 248— (i) in subsection (1), in the definition of “benefit”, by the substitution of the following paragraph for paragraph (p): “(p) bereaved partner’s (contributory) pension,”,

and (ii) in subsection (2)(f)— (I) by the substitution of “bereaved partner’s (contributory) pension, bereaved partner’s (non-contributory) pension” for “widow’s (contributory) pension, widower’s (contributory) pension, surviving civil partner’s (contributory) pension, widow’s (non-contributory) pension, widower’s (non-contributory) pension, surviving civil partner’s (non-contributory) pension”, and (II) by the substitution of “being a bereaved partner,” for “being a widow or widower,”, (p) in section 249— (i) in subsection (5), by the substitution of “and bereaved parent grant,” for “and widowed or surviving civil partner grant,”, (ii) in subsection (10), by the substitution of “bereaved partner’s (non-contributory) pension,” for “widow’s (non-contributory) pension, widower’s (non-contributory) pension, surviving civil partner’s (non-contributory) pension,”, and (iii) in subsection (13), by the substitution of the following paragraph for paragraph (c): “(c) In this subsection, ‘pension’ means a bereaved partner’s (non-contributory) pension or guardian’s payment (non-contributory).”, (q) in section 285— (i) by the substitution of the following subsection for subsection (1): “(1) In assessing damages in any action under the Fatal Injuries Act 1956 or Part IV of the Civil Liability Act 1961 , whether commenced before or after 24 February 1981, there shall not be taken into account any child benefit, bereaved partner’s (contributory) pension, guardian’s payment (contributory), one-parent family payment in the case of a person who qualifies for that payment by virtue of being a bereaved partner, bereaved partner’s (non-contributory) pension or guardian’s payment (non-contributory).”, and (ii) in subsection (2), by the substitution of “bereaved partner’s (non-contributory) pension,” for “widow’s (non-contributory) pension, widower’s (non-contributory) pension, surviving civil partner’s (non-contributory) pension,”, (r) in Schedule 2, in Column 1 of Part 1— (i) by the substitution of the following reference for reference No. 2 (a): “(a) pension payable to a bereaved partner (section 81): additional increase for a bereaved partner (under section 81) who has attained pensionable age”, and (ii) by the substitution of the following reference for reference No. 5: “Bereaved Partner’s (Contributory) Pension and a payment referred to in paragraph (a) of the definition of ‘relevant payment’ in section 178(1):

Additional increase for beneficiary who has attained pensionable age”, and (s) in Schedule 4, in Column 1 of Part 1, by the substitution of the following reference for reference No. 6: “Bereaved Partner’s (Non-Contributory) Pension and a payment referred to in paragraph (b) or (c) of the definition of ‘relevant payment’ in section 178(1)”.

Amendment of section 126 of Taxes Consolidation Act 1997 18.

Section 126

of the Taxes Consolidation Act 1997 is amended— (a) in subsection (2)(a)— (i) by the substitution of the following subparagraph for subparagraph (i): “(i) bereaved partner’s (contributory) pension,”, (ii) in subparagraph (iii), by the substitution of “pension,” for “pension, and”, (iii) in subparagraph (iv), by the substitution of “pension, and” for “pension.”, and (iv) by the insertion of the following subparagraph after subparagraph (iv): “(v) bereaved partner’s (non-contributory) pension.”, and (b) by the substitution of the following Table for the Table to the section: “TABLE Description of payment

Section 189 of the Act of 2005

Back to education allowance A payment made under a scheme administered by the Minister for Social Protection and known as ‘Back to education allowance’ Back to work enterprise allowance A payment made under a scheme administered by the Minister for Social Protection and known as ‘Back to work enterprise allowance’ Back to school clothing and footwear allowance A payment made under a scheme administered by the Minister for Social Protection and known as ‘Back to school clothing and footwear allowance’ Bereaved Parent grant

Section 137 of the Act of 2005

Carer’s support grant

Section 225 of the Act of 2005

Constant attendance allowance

Section 78 of the Act of 2005

Death benefit – funeral expenses

Section 84 of the Act of 2005

Death benefit – orphans

Section 83 of the Act of 2005

Direct provision allowance A payment made under a scheme administered by the Minister for Social Protection and known as ‘Direct provision allowance’ Disability allowance

Section 210 of the Act of 2005

Disablement gratuity

Section 75(8) of the Act of 2005

Domiciliary care allowance Section 186F of the Act of 2005 Exceptional needs payment

Section 201 of the Act of 2005

Farm assist

Section 214 of the Act of 2005

Fuel allowance A payment made under a scheme administered by the Minister for Social Protection and known as ‘Fuel allowance’ Guardian’s payment (contributory)

Section 130 of the Act of 2005

Guardian’s payment (non-contributory)

Section 168 of the Act of 2005

Household benefit package A payment made under a scheme administered by the Minister for Social Protection and known as ‘Household benefit package’ Humanitarian assistance payment A payment made under a scheme administered by the Minister for Social Protection and known as ‘Humanitarian assistance payment’ Jobseeker’s allowance

Section 141 of the Act of 2005

Jobseeker’s transitional payment Section 148A of the Act of 2005 Medical care

Section 86 of the Act of 2005

Part-time job incentive scheme A payment made under a scheme administered by the Minister for Social Protection and known as ‘Part-time job incentive scheme’ Rent allowance

Section 23

of the Housing (Private Rented Dwellings) Act 1982 Supplementary welfare allowance

Section 198 of the Act of 2005

Telephone support allowance A payment made under a scheme administered by the Minister for Social Protection and known as ‘Telephone support allowance’ Training support grant A payment made under a scheme administered by the Minister for Social Protection and known as ‘Training support grant’ Urgent needs payment other than the payments referred to in subsection (3)(a)(iib)

Section 202 of the Act of 2005

Working family payment

Section 228 of the Act of 2005

Youth employment support scheme A payment made under a scheme administered by the Minister for Social Protection and known as ‘Youth employment support scheme’ ”.

PART 3

Miscellaneous Amendments to Principal Act and Family Courts Act 2024 Invalidity Pension 19. The Principal Act is amended— (a) in section 113A— (i) in subsection (1) by the insertion of “, and subject to subsection (1A),” after “under this Chapter”, and (ii) by the insertion of the following subsection after subsection (1): “(1A) In the case of a person who, on the date of passing of the Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025, has attained pensionable age and is in receipt of a payment under Chapter 17 of this Part, the following shall apply on and after that date: (a) invalidity pension shall cease to be payable, and (b) State pension (contributory) shall be payable in accordance with this section.”, (b) in section 118, by the substitution of the following subsection for subsection (1): “(1) Subject to this Act, a person shall be entitled to invalidity pension where he or she— (a) is under pensionable age, (b) is permanently incapable of working in insurable employment or insurable self-employment, and the reason for which incapacity is as a direct result of the person concerned being incapable of work and for no other reason, (c) would be available to work in insurable employment or insurable self-employment were it not for this incapacity, and (d) satisfies the contribution conditions in section 119.”, (c) in section 122, by the deletion of subsection (5), and (d) in Part 1 of Schedule 2, by the substitution of the following reference for reference 4: “ Invalidity Pension:

249.50 178.30 50.00 62.00 22.00 - 20.00 additional increase where a qualified adult has attained pensionable age before 2 January 2014 - 81.10 - - - - - ”.

Attendance at, and participation in, questioning of detained person by relevant officers during interview by member of An Garda Síochána 20. The Principal Act is amended by the insertion of the following section after section 250B: “250C. (1) Where a member of An Garda Síochána arrests, whether in a Garda Síochána station or elsewhere, a person whom he or she, with reasonable cause, suspects of committing or of having committed an offence under section 262A and the person has been taken to and detained in a Garda Síochána station, or if the person is arrested in a Garda Síochána station, has been detained pursuant to section 4 of the Act of 1984, a relevant officer or officers (but not more than 2 such officers) may, if and for so long as the officer or officers is, or are, accompanied by a member of An Garda Síochána, attend at, and participate in, the questioning of a person so detained in connection with the investigation of the offence, but only if the member of An Garda Síochána requests the relevant officer or officers to do so and the member is satisfied that the attendance at, and participation in, such questioning of the relevant officer or officers is necessary for the proper investigation of the offence concerned.

Amendment of Family Courts Act 2024 21. Schedule 2 to the Family Courts Act 2024 is amended, in item 6— (a) insofar as it relates to the amendment of section 142A(4)(d)(ii)(I)(A) of the Principal Act, by the substitution of “Part III of the Child Care Act 1991 , or” for “Part III of the Child Care Act 1991 , and”, and (b) insofar as it relates to the amendment of section 197(3)(b)(ii)(I)(A) of the Principal Act, by the substitution of “Part III of the Child Care Act 1991 , or” for “Part III of the Child Care Act 1991 , and”.

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