Michael Healy-Rae (Kerry South, Independent)
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148. To ask the Minister for Social Protection her plans to change the rules and legislation regarding entitlement to any type of widow's pension in respect of persons (details supplied) who are not married or do not have a civil partnership. [40918/14]

Joan Burton (Dublin West, Labour)
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In order to qualify for a widow’s, widower’s or surviving civil partner’s contributory pension, a person must satisfy certain social insurance conditions and be a widow, widower or (since 1 January 2011) a surviving civil partner, and not be in a cohabiting relationship.

The contributions must have been paid on one of the spouse/civil partners’ social insurance records and all must have been made before the death of the spouse/civil partner.

Once in payment, the pension remains payable while the person remains widowed or a surviving civil partner.

The legal context governing relationships such as marriage is regulated by the Minister for Justice & Equality. Where that legal context changes, the social welfare code is examined for appropriate changes, e.g. the scheme was introduced for widows on 1^stJanuary 1936; it was extended to widowers on 28^thOctober 1994, and extended to surviving civil partners from 1^stJanuary 2011.

Entering into a marriage or civil partnership is a legal act, which confers both rights and obligations on both parties, which do not exist in law between cohabiting couples. Widows, widowers and surviving civil partners, who become bereaved, therefore, lose someone who had legal duties towards them, and the social welfare code recognises this by providing a pension to them, subject to certain conditions.

A surviving cohabitant who was not married to the deceased may be entitled to other social welfare payments if he or she has an income need, for example, One-parent Family Payment, Jobseekers Benefit or Allowance or Family Income Supplement. Payment of Child Benefit would continue, where applicable.

In terms of other income supports, supplementary welfare allowance is a means tested weekly payment, subject to certain terms and conditions, which provides a basic income support to eligible people whose means are insufficient to meet their needs.