Rules

You may automatically qualify for a Widow's, Widower's or Surviving Civil Partner's (Contributory) Pension if your late spouse or civil partner was getting either a State Pension (Transition) or State Pension (Contributory), which included an increase for a dependent spouse or civil partner (or would have included an increase but for the fact that you were getting State Pension (Non-Contributory), Blind Pension or Carer's Allowance).

If you are not in this situation, then you must have enough PRSI contributions.

Social insurance contributions (PRSI)

To qualify for a Widow's, Widower's or Surviving Civil Partner's (Contributory) Pension, either you or your late spouse or civil partner must have a certain number of PRSI contributions. All the PRSI requirements must be met on one person's record - you may not combine the contributions of both spouses or civil partners. All must have been made before the death of the spouse or civil partner.

Virtually all PRSI contributions count towards this pension, including contributions paid by public servants and the self-employed.

Either you or your spouse or civil partner must have:

• At least 156 paid contributions paid to the date your spouse/civil partner died or before your 66th birthday, whichever is earlier. (From 27 December 2013 you or your spouse must have at least 260 paid contributions.)

And

• An average of 39 paid or credited contributions in either the 3 or 5 years before the death of the spouse/civil partner or before he/she reached pension age (66)

Or

• A yearly average of at least 24 paid or credited contributions from the year of first entry into insurance until the year of death or reaching pension age. If this average is used then an average of 24 will entitle you to a minimum pension, you will need an average of 48 per year to get the full pension.

Contributions paid in other EU member states

If you were previously insurably employed in a country covered by EU Regulations or in a country with which Ireland has a Bilateral Social Security Agreement and you have paid at least one full rate PRSI contribution in Ireland, you may combine your insurance record in that country with your Irish PRSI contributions to help you qualify for Widow's, Widower's or Surviving Civil Partner's (Contributory) Pension.

More information is available in our document about combining your social insurance contributions from abroad.

Other earnings

Since this is a contributory pension, you may earn any amount of money from any other source and still remain entitled to this pension. It is taxable. If it is your only source of income, you are unlikely to have to pay tax.

You cannot get a Widow's, Widower's or Surviving Civil Partner's Contributory Pension at the same time as a State Pension (Contributory). If you are entitled to both payments, you may choose whichever is the more advantageous.

From 2012 you can no longer get a Widow's, Widower's or Surviving Civil Partner's Contributory Pension and half- rate Jobseeker's Benefit, Illness Benefit or Incapacity Supplement.

However, you can get a Widow's, Widower's or Surviving Civil Partner's Contributory Pension and half-rate Maternity Benefit, Health and Safety Benefit, Adoptive Benefit and Carer's Allowance if you also qualify for one of these payments.

If you are getting an Invalidity Pension and satisfy the conditions for a Widow's, Widower's or Surviving Civil Partner's (Contributory) Pension you can get half the personal rate of Illness Benefit, for a limited time, instead of Invalidity Pension and claim a Widow's, Widower's or Surviving Civil Partner's (Contributory) Pension.

Duration

The pension remains payable while you remain widowed or a surviving civil partner. If you re-marry, enter a new civil partnership or start to cohabit, it is no longer payable.

You may get increases for qualified children with your pension - these remain payable while the child is aged under 18 and they may then be continued until age 22 if the child is in full-time education.

Other payments for widowed people and surviving civil partners

Under the Occupational Injuries Scheme, a widow's, widower's or surviving civil partner's pension may be payable if the death was due to an occupational injury or disease.

People who are getting a Widow's, Widower's or Surviving Civil Partner's (Contributory) Pension are eligible for services like the Household Benefits Package if they meet the usual conditions. Those who are aged 60 or over when the spouse/civil partner getting free services dies can keep the services even though they do not meet the usual age requirement.