Social Welfare (Consolidation) Act, 1993

CHAPTER 19

Death Grant

Entitlement to grant.

[1981, s. 107(1)]

114.—(1) Subject to this Act, a death grant shall be payable, to such person or persons as may be prescribed, on the death of—

(a) an insured person,

(b) the wife or husband of an insured person,

(c) the widow or widower of a deceased insured person, or

(d) a qualified child,

if the contribution conditions in section 115 are satisfied, but only one death grant shall be paid by virtue of this section on any one death.

[1981, s. 108(2)]

(2) In this Chapter—

“relevant insured person” means—

(a) in case the deceased person was a qualified child—

(i) the father or mother of such deceased person,

(ii) the person with whom such deceased person at the date of death is determined, in accordance with regulations made under section 3(5), to have been normally residing or with whom he would have been normally so residing if he had not been committed to a reformatory or an industrial school, or

(iii) the spouse of the person referred to in subparagraph (ii),

(b) in any other case, the deceased person or the spouse of the deceased person;

“relevant date” means the date of death of the deceased person or the date of death of the relevant insured person or the date of attainment of pensionable age of the relevant insured person, whichever occurs first, whether the deceased is the relevant insured person or not;

“yearly average” means the average per contribution year of contribution weeks in respect of which the relevant insured person has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified in section 115(1)(b)(ii).

[1981, s. 107(2)]

(3) In this Chapter and in Part V of the second Schedule “qualified child” means a person—

(a) who is under the age of 18 years at the date of death,

(b) who is ordinarily resident in the State on that date, and

(c) in respect of whose death the relevant contribution conditions for death grant are not satisfied by such person's insurance or the insurance of such person's wife or husband.