Barry Andrews (Dún Laoghaire, Fianna Fail)

Widow's and widower's contributory pension is a social insurance based payment which provides pension entitlement on the death of a spouse. To qualify for a widow's or widower's contributory pension a person must be widowed; not be cohabiting; and satisfy prescribed social insurance contribution conditions. The pension is payable for the lifetime of the pensioner, provided she or he does not remarry or cohabit. There is an obligation, under social welfare legislation, on customers to notify the Department of any change in their circumstances which may affect their entitlement to payment. Customers are informed of this requirement when notified of the decision on their claim and at subsequent reviews.

Periodic reviews are undertaken to confirm a customer's continuing eligibility for receipt of widow's or widower's contributory pension. The following are some of the circumstances and events which would give rise to a review of a person's continued entitlement to pension: cohabitation; remarriage; change of address; change of post office; death of claimant or child dependant; a qualified child no longer living or being maintained by the claimant; a qualified child who reaches 18 years; imprisonment or detention of claimant or qualified child; claimant or qualified child leaving the State; change in household composition, including the birth of an additional child.

The person concerned was awarded a widow's contributory pension from 6 January 1995. The weekly payment consisted of the maximum weekly personal rate of payment plus an allowance in respect of four qualified children. In February 2003, correspondence addressed to the customer, relating to her continuing eligibility for an increase for a qualified child, was returned to the Department marked "Gone Away". Follow-up inquiries by the Department conducted by a social welfare inspector failed to establish her whereabouts at that time. Payment of pension ceased from 4 April 2003 as the Department was unable to establish her whereabouts and continuing eligibility for a widow's contributory pension.

On 6 August 2009, the Department was informed by an agent acting on the customer's behalf of her new address. However, when an inspector called to this address on 17 August, he was informed that the customer no longer resided there. Another address for the customer was provided to the social welfare inspector and, on visiting this address, the occupants advised that the customer no longer lived there. On 17 September 2009, a communication was received from legal representatives acting on behalf of the customer which gave another address for the customer. The Department is following up on this information to establish the customer's personal circumstances and her eligibility for widow's contributory pension. When these inquiries have been completed, a decision will be made on her entitlement to a pension.

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