Social Welfare Consolidation Act 2005 section 170

Civil proceedings

Section 170 establishes a legal presumption in civil court proceedings regarding the receipt of certain non-contributory pensions.

• In civil court cases, if evidence shows a pension was granted, awarded, or varied and was being paid, the recipient is presumed to have received it at that rate.
• This presumption applies from the date the pension became payable until any subsequent variation or until payment ceases, whichever occurs first.
• The presumption can be rebutted if contrary evidence is presented to the court.
• The pensions covered are: widow's, widower's, and surviving civil partner's non-contributory pensions, plus non-contributory guardian's payments.