Dáil Éireann Debate, Tuesday - 4 July 2023
401. Deputy Mark Ward asked the Minister for Social Protection to outline what will happen to the pension entitlements of an individual born in 1944, who does not qualify for the full contributory pension, in the event of their spouse passing away; if they will be entitled to the widow’s pension; if so, the rate; and if she will make a statement on the matter. [32584/23]
View answerWidow's, Widower's or Surviving Civil Partner's (Contributory) Pension is a weekly payment to the husband, wife or civil partner of a deceased person. This payment was formerly called the Widow's/Widower's (Contributory) Pension.
The person in question may automatically qualify for a Widow's, Widower's or Surviving Civil Partner's (Contributory) Pension if their late spouse was in receipt of a State Pension (Contributory) which included an increase for a dependent spouse (or would have included an increase but for the fact that they were getting State Pension (Non-Contributory), Blind Pension or Carer's Allowance).
There is no automatic qualification if their late spouse was in receipt of a mixed insurance pro-rata, EU/Bilateral Agreement pro-rata or Pre-53 pension. In all such cases they should apply for Widow's, Widower's or Surviving Civil Partner’s Contributory Pension in the normal way.If they do not automatically qualify for a Widow's, Widower's or Surviving Civil Partner's (Contributory) Pension, then either they or their late spouse must have a certain number of PRSI contributions. All the PRSI requirements must be met on one person's record - they may not combine the contributions of both spouses. All must have been made before the death of the spouse.
Either they or their spouse must have:1) At least 260 paid contributions paid before the relevant date*
And2.1) An average of 39 paid or credited contributions in either the 3 or 5 years before the death of the spouse or civil partner or before he or she reached pension age (66)
Or2.2) A yearly average of at least 24 paid or credited contributions from the year of first entry into insurance until the year of death or reaching pension age. If this average is used then an average of 24 will entitle you to a minimum pension, you will need an average of 48 per year to get the full pension.
*The relevant date is the earliest of the following dates:
• The date your spouse or civil partner died
• Your spouse’s or civil partner’s 66th birthday, if their social insurance record is used
• Your 66th birthday, if your social insurance record is used
If their spouse or civil partner died before 27 December 2013, only 156 paid contributions are required. However, the yearly average condition must still be satisfied.
The rate of payment will be dependent on the contributions record used in calculating entitlement, and may be different for each individual.
Where a person aged 66 or over does not satisfy the conditions to qualify for a Widow's, Widower's or Surviving Civil Partner's (Contributory) Pension or qualifies for less than the maximum rate of State Pension (Contributory), they may instead qualify for the State Pension (Non-Contributory) (SPNC) which is a means-tested payment with a maximum payment of 95% of the SPC.
I hope this clarifies the matter for the Deputy.
