Social Welfare Consolidation Act 2005 section 160

Disqualifications

Section 160 sets out the rules preventing people from receiving both contributory and non-contributory State pensions simultaneously, while allowing the higher-value pension to be paid where applicable.

• Recipients of contributory pensions (bereaved partner's contributory pension or State pension contributory) are generally disqualified from receiving State pension (non-contributory)
• An exception applies where the non-contributory pension rate would exceed the contributory pension rate
• When the non-contributory pension is paid instead, underlying entitlement to the contributory pension is preserved
• During any period the non-contributory pension is paid, the contributory pension payments are suspended but not permanently lost