Does anyone know if a person who is legally separated from spouse is entitled to claim the contributory widowed persons pension when the separated spouse dies? It is stated that legally even though separated they are still deemed to be married!
There is no specific mention in legislation about separated persons being excluded from qualifying once the other conditions are met (PRSI contributions, not cohabiting).
There is nothing on the application form which asks about separation either - only divorce, annulment of civil partnership and cohabitation.
Divorced persons are entitled to the Widowed persons pension when their ex-spouse dies, provided the other conditions are met.
To qualify you must, of course, be a widow, widower or surviving civil partner and you must not be cohabiting with another person.
If your civil partnership has been dissolved and you would have been entitled to a Widow's, Widower's or Surviving Civil Partner's (Contributory) Pension had you remained in the civil partnership, you keep your entitlement to the Widow's, Widower's or Surviving Civil Partner's (Contributory) Pension.