Social Welfare Consolidation Act 2005

Chapter 18

Widow's (Contributory) Pension or Widower's (Contributory) Pension

Interpretation.

[1994 s11; 1996 s27(2), 28(1) & Sch G]

123.—In this Chapter—

“pension” means a widow's (contributory) pension in the case of a widow and a widower's (contributory) pension in the case of a widower;

“relevant time” means—

(a) where the contribution conditions are being satisfied on the widow's or widower's insurance record—

(i) the date of the spouse's death, or

(ii) where the widow or widower attained pensionable age before the date of the spouse's death, the date on which he or she attained that age,

or

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

(i) the date on which the spouse attained pensionable age, or

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

“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 and for this purpose that last spouse shall be read as including a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State;

“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;

“widower” means a widower or 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 widow, widower or deceased spouse (as the case may be) has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified in section 125 (1)(b).