Social Welfare (No. 2) Act, 1995

What is this act about?

This law amends and expands existing social welfare acts, primarily by clarifying how dissolved marriages and cohabitation affect eligibility for various social welfare benefits. It ensures that individuals whose marriages have been legally dissolved are still considered for certain benefits and defines "spouse" to include cohabiting couples for some purposes.

Who it applies to: Widows, widowers, and survivors whose marriages have been dissolved; Deserted wives and prisoner's wives.

At a glance

Country: Ireland
Area of law: Social security
Articles: 12
Source: irishstatutebook.ie
Text retrieved: 2026-06-17
Explanation updated: 2026-07-07

What does this act regulate?

Eligibility for death benefits, survivor's pensions, and deserted wife's benefits for individuals with dissolved marriages.
The definition of "spouse" and "husband" in relation to social welfare payments, including for those whose marriages have been dissolved.
The continuation of certain allowances (like deserted wife's and prisoner's wife's allowance) after a marriage dissolution or remarriage.
The definition of "lone parent" and "spouse" for family income supplement and adult dependant increases.

Who does this act apply to?

Widows, widowers, and survivors whose marriages have been dissolved.
Deserted wives and prisoner's wives.
Lone parents.
Individuals receiving family income supplement or an increase for an adult dependant.

What are the key points?

A pension for a widower will not be payable after his remarriage.
A widower is disqualified from receiving a pension if he is cohabiting as husband and wife with another person.
References to a widow or widower include persons whose marriages have been dissolved, if the dissolution is recognised as valid in the State.
A deserted wife's benefit or allowance continues after a marriage dissolution recognised as valid in the State, but ceases upon remarriage.

Social security

Old Age Pension Act, 1924

Superannuation and Pensions Act, 1923

Social Welfare Act, 1974

Sea Fisheries Act, 1931

British-Irish Agreement (Amendment) Act, 2002

Vocational Education (Amendment) Act, 1947

Connaught Rangers (Pensions) Act, 1936

Courts of Justice and Court Officers (Superannuation) Act, 1961

Social security

Legal text

Contents (12)

Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12

Social Welfare (No. 2) Act, 1995 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 1995 Social Welfare (No. 2) Act, 1995 Social Welfare (No. 2) Act, 1995 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 Print Full ActPriontáil an tAcht Iomlán Number 23 of 1995 SOCIAL WELFARE (NO. 2) ACT, 1995 ARRANGEMENT OF SECTIONS Section

Section 1

Definitions.

Section 2

Death benefit for widows and widowers.

Section 3

Survivor's pension.

Section 4

Deserted wife's benefit.

Section 5

Widow's (non-contributory) pension.

Section 6

Deserted wife's allowance.

Section 7

Prisoner's wife's allowance.

Section 8

Lone parent's allowance.

Section 9

Family income supplement.

Section 10

Increase for an adult dependant (or a spouse in the case of old age (non-contributory) pension).

Section 11

Unemployment assistance (seasonal workers).

Section 12

Short title, construction and commencement.

SCHEDULE Number 23 of 1995 SOCIAL WELFARE (NO. 2) ACT, 1995 AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS. [25th July, 1995] BE IT ENACTED BY THE OIREACHTASAS FOLLOWS:

Definitions.

1.—In this Act— “the Principal Act” means the Social Welfare (Consolidation) Act, 1993 ; “the Act of 1994” means the Social Welfare Act, 1994 .

Death benefit for widows and widowers.

2.—Section 60 of the Principal Act (as amended by section 32 of the Act of 1994) is hereby amended by— (a) the insertion after subsection (6) of the following subsections: “(6A) A pension under subsection (6) shall not be payable for any period after the remarriage of the widower. (6B) A widower shall be disqualified for receiving a pension under this section if and so long as he and any person are cohabiting as husband and wife.”, and (b) the insertion after subsection (9) of the following subsection: “(10) In this section— (a) a reference to a widow or a widower shall include a reference to a person who would otherwise be a widow or a widower but for the fact that the person's marriage has been dissolved, being a dissolution that is recognised as valid in the State, and (b) ‘the deceased’ in relation to a widow or a widower who has been married more than once, refers only to the widow's or widower's last spouse and for this purpose that last spouse shall be construed as including a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State.”.

Survivor's pension.

3.—(1) Section 100 of the Principal Act (inserted by section 11 of the Act of 1994) is hereby amended by the substitution for the definitions of “spouse” and “survivor” of the following definitions: “‘spouse’, in relation to a survivor who has been married more than once, refers only to the survivor's last spouse and for this purpose that last spouse shall be construed as including a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State; ‘survivor’ means a widow, a widower or a person who would otherwise be a widow or a widower but for the fact that the person's marriage has been dissolved, being a dissolution that is recognised as valid in the State;”.

(2)Section 101 of the Principal Act (inserted by section 11 of the Act of 1994) is hereby amended by— (a) the substitution for paragraph (b) of subsection (1) of the following paragraph: “(b) if the survivor's spouse was entitled to an old age (contributory) pension or a retirement pension which included an increase in respect of him by virtue of section 87 (1) or section 91 (1) in respect of a period ending on the spouse's death, or”, and (b) the insertion after subsection (4) of the following subsection: “(5) For the purposes of subsection (4), a reference to a widow shall include a reference to a woman who would otherwise be a widow but for the fact that the woman's marriage has been dissolved, being a dissolution that is recognised as valid in the State.”.

Deserted wife's benefit.

4.—Section 110 of the Principal Act is hereby amended by— (a) the insertion after subsection (2) of the following subsections: “(2A) Subject to this Chapter, a woman who has been deserted by her husband shall, for the purposes of this Chapter, continue to be regarded as a deserted wife where her marriage has been dissolved, being a dissolution that is recognised as valid in the State. (2B) A deserted wife's benefit shall, subject to this Chapter, continue to be payable to a woman unless she remarries and in such a case the benefit shall cease as and from her remarriage.”, and (b) the insertion in subsection (4) before the definition of “relevant time” of the following definition: “‘husband’ in relation to a woman who has been married more than once, refers only to her last husband and for this purpose that last husband shall be construed as including the man to whom, but for the fact that the marriage has been dissolved, being a dissolution that is recognised as valid in the State, she would be married;”.

Widow's (non-contributory) pension.

5.—(1) Section 142 (1) of the Principal Act is hereby amended by— (a) the substitution for the definition of “husband” of the following definition: “‘husband’ in relation to a woman who has been married more than once, refers only to her last husband, and for this purpose that last husband shall be construed as including the man to whom, but for the fact that the marriage has been dissolved, being a dissolution that is recognised as valid in the State, she would be married;”, and (b) the insertion after the definition of “weekly means” of the following definition: “‘widow’ means a widow or 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.”.

(2)Section 143 is hereby amended by the substitution for subsection (2) of the following subsection: “(2) Subject to this Chapter, a woman who becomes a widow while she is in receipt of or entitled to deserted wife's allowance shall, on becoming a widow, be entitled to widow's (non-contributory) pension at the same rate as that of the deserted wife's allowance payable to her.”.

Deserted wife's allowance.

6.—Section 152 of the Principal Act is hereby amended by the insertion after subsection (2) of the following subsections: “(3) Subject to this Chapter, a woman who has been deserted by her husband shall, for the purposes of this Chapter, continue to be regarded as a deserted wife where her marriage has been dissolved, being a dissolution that is recognised as valid in the State.

(4)A deserted wife's allowance shall, subject to this Chapter, continue to be payable to a woman unless she remarries and in such a case the allowance shall cease as and from her remarriage.

(5)For the purposes of this Chapter, ‘husband’ in relation to a woman who has been married more than once, refers only to her last husband and for this purpose that last husband shall be construed as including the man to whom, but for the fact that the marriage has been dissolved, being a dissolution that is recognised as valid in the State, she would be married.”.

Prisoner's wife's allowance.

7.—Section 155 of the Principal Act is hereby amended by the insertion after subsection (3) of the following subsections: “(4) A prisoner's wife's allowance shall, subject to this Chapter, continue to be payable to a woman unless she remarries and in such a case the allowance shall cease as and from her remarriage.

(5)Subject to this Chapter, a woman whose husband, being a prisoner, has been committed in custody to a prison or place of detention for a period of not less than 6 months, shall, for the purposes of this Chapter, continue to be regarded as a prisoner's wife where her marriage has been dissolved, being a dissolution that is recognised as valid in the State.

(6)For the purposes of this Chapter, ‘husband’ in relation to a woman who has been married more than once, refers only to her last husband and for this purpose that last husband shall be construed as including the man to whom, but for the fact that the marriage has been dissolved, being a dissolution that is recognised as valid in the State, she would be married.”.

Lone parent's allowance.

8.—Section 157 of the Principal Act is hereby amended by the substitution for paragraph (b) of subsection (2) of the following paragraph: “(b) a reference to a lone parent shall include a reference to a person who would otherwise be a lone parent but for the fact that the person's marriage has been dissolved, being a dissolution that is recognised as valid in the State.”.

Family income supplement.

9.—Section 197 of the Principal Act is hereby amended by— (a) the deletion of the definition of “couple”, (b) the substitution for paragraph (b) of the definition of “family” of the following paragraph: “(b) where such person is living with or wholly or mainly maintaining his or her spouse, that spouse, and”, and (c) the substitution for the definition of “spouse” of the following definition: “‘spouse’ includes— (a) a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State, or (b) a man and woman who are not married to each other but are cohabiting as husband and wife;”.

Increase for an adult dependant (or a spouse in the case of old age (non-contributory) pension).

10.—(1) Section 3 of the Principal Act is hereby amended by the substitution for subsection (13) of the following subsection: “(13) For the purposes of determining the entitlement of a person to an increase in respect of an adult dependant, references to a spouse in the definition of ‘adult dependant’ contained in section 2 (2) and regulations made thereunder shall be construed as including: (a) a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State, or (b) a man and woman who are not married to each other but are cohabiting as husband and wife.”.

(2)Section 132 of the Principal Act is hereby amended by the substitution for the definition of “spouse” of the following definition: “‘spouse’, subject to section 3 (12), includes— (a) a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State, or (b) a man and woman who are not married to each other but are cohabiting as husband and wife;”.

(3)Section 3 (1) of the Principal Act is hereby amended by the insertion after paragraph (e) of the following paragraph: “(f) regulations shall provide for determining the circumstances in which a person is or is not to be regarded to be wholly or mainly maintaining another person.”.

(4)Each provision of the Principal Act mentioned in column (1) of the Schedule to this Act is hereby amended in the manner specified in column (2) of that Schedule opposite the mention of that provision in column (1).

Unemployment assistance (seasonal workers).

11.—(1) Rule 1 of Part I of the Third Schedule to the Principal Act is hereby amended by— (a) the insertion in paragraph (2) after subparagraph (p) (inserted by section 18 of the Act of 1994) of the following subparagraph: “(q) subject to paragraph (6), any moneys derived from insurable employment of a seasonal nature;” and (b) the insertion after paragraph (5) of the following paragraph: “(6) In the case of a person who makes a claim for unemployment assistance in respect of a day of unemployment which occurs during a period in which he is engaged in insurable employment of a seasonal nature, the value, ascertained in the prescribed manner, of any moneys derived from the said employment and the value so calculated shall be deemed to constitute the weekly means of that person from such employment for the purposes of Chapter 2 of Part III;”.

(2)Paragraph (a) of section 4 (4) of the Principal Act is hereby amended by the substitution for “Rule 1 (2) (m) of Part I” of “Rules 1 (2) (m) and 1 (6) of Part I”.

(3)Section 119 of the Principal Act is hereby amended by the substitution in the definition of “weekly means” of “shall, subject to Rule 1 (6) of Part I of the Third Schedule, be the yearly means” for “shall be the yearly means”.

Short title, construction and commencement.

12.—(1) This Act may be cited as the Social Welfare (No. 2) Act, 1995.

(2)The Social Welfare Acts and this Act shall be construed together as one.

(3)This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions.

SCHEDULE

Section 10

Provision of Principal Act amended Nature of Amendment

(1)

(2)Sections 34 (1), 45 (1), 55 (1), 87 (1), 91 (1), 99 (1), 121 (1), 128 (1) (a) and 137 (a).

The insertion after “subject to the restriction that” of “, except where regulations otherwise provide,”.

Acts Referred to Social Welfare (Consolidation) Act, 1993 1993, No. 27 Social Welfare Act, 1994 1994, No. 4 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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