Social Welfare Consolidation Act 2005
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Entitlement to pension. [1994 s11; 1996 s27(2) & Sch G] |
124.—(1) Subject to this Act, a widow or widower shall be entitled to pension— | |
(a) where the contribution conditions set out in section 125 are satisfied on either the insurance record of the widow or widower or that of his or her deceased spouse, | ||
(b) where the widow's or widower's spouse was entitled to an old age (contributory) pension or a retirement pension which included an increase in respect of him or her by virtue of section 112 (1) or 117 (1) in respect of a period ending on the spouse's death, or | ||
(c) where his or her spouse would have been entitled to an old age (contributory) pension or a retirement pension at an increased weekly rate by virtue of section 112 (1) or 117 (1), but for the receipt by that widow or widower of an old age (non-contributory) pension, a blind pension or a carer's allowance in his or her own right, in respect of a period ending on his or her death. | ||
| [1994 s11; 1996 s27(2) & Sch G] |
(2) A pension shall not be payable to a widow or widower for any period after his or her remarriage. | |
| [1994 s11; 1996 s27(2) & Sch G] |
(3) A widow or widower shall be disqualified for receiving a pension if and so long as he or she and any person are cohabiting as husband and wife. | |
| [1994 s11; 1996 s27(1) & Sch G] |
(4) A person who, having ceased to be entitled to a pension by virtue of that person's remarriage, shall, on again becoming a widow or widower, be entitled to a pension at the rate which would have been payable had the person not remarried where the person— | |
(a) fails to satisfy the conditions set out in subsection (1), or | ||
(b) on satisfying the conditions set out in subsection (1), is entitled to a pension at a rate below that which would have been payable had the person not remarried. |