Dáil Éireann Debate, Thursday - 17 September 2026
259. Deputy Louise O'Reilly asked the Minister for Social Protection if a person is eligible for the widow's pension when there is a safety order in place at the time of the death of their spouse; and if he will make a statement on the matter. [66110/26]
Amharc ar fhreagra261. Deputy Louise O'Reilly asked the Minister for Social Protection if a person is eligible for the widows pension when there is a protection order in place at the time of the death of their spouse; and if he will make a statement on the matter. [66109/26]
Amharc ar fhreagraI propose to take Questions Nos. 259 and 261 together.
The Social Welfare (Bereaved Partner's Pension and Miscellaneous Provisions) Act 2025 introduced the Bereaved Partner's (Contributory) Pension, which replaced the Widow's, Widower's and Surviving Civil Partner's (Contributory) Pension schemes.
There are no provisions in social welfare legislation that automatically disqualify a person from receiving a Bereaved Partner's (Contributory) Pension because a protection order or safety order was in place at the time of their spouse's death.
However, entitlement to the payment is subject to all of the qualifying conditions being satisfied. In the case of a married couple, a surviving spouse does not qualify where the spouses had lived apart and were not in an intimate and committed relationship for a continuous period of at least two years immediately before the date of death of the deceased spouse.
Accordingly, while the existence of a protection order or safety order does not in itself determine entitlement, the circumstances of the case may be relevant in assessing whether the statutory conditions are met.
I trust this clarifies the matter for the Deputy.
