Social Welfare Consolidation Act 2005 section 124A

Entitlement to bereaved partner's pension

Section 124A sets out the conditions under which a bereaved partner is entitled to a pension, the circumstances in which the pension is lost, and the special commencement rule for surviving qualified cohabitants.

• A bereaved partner qualifies for the pension where the contribution conditions are met on either their own or their deceased partner's insurance record, or where the deceased was receiving (or would have received) a State pension (contributory) with a qualified adult increase for the bereaved partner.
• A surviving qualified cohabitant's claim takes effect from 22 January 2024 or the date of the deceased partner's death, whichever is later, regardless of when the death actually occurred.
• A bereaved partner is disqualified from receiving the pension for as long as he or she is living with another person as a cohabitant.
• The pension ceases permanently if the bereaved partner marries, remarries, enters into a civil partnership or new civil partnership, or becomes a qualified cohabitant.