Widow/er’s Pension

Overview

A Contributory Widow/er’s Pension is awarded to a claimant who satisfies the relevant conditions following the death of the spouse/partner.

For information regarding cross-border situations please click here.

What you’ll get

A Contributory Widow/er’s Pension is paid every four (4) weeks in advance.

A Contributory Widow/er’s Pension is due as from the day following the spouse’s/partner’s date of death.

There are three (3) categories of Widow/er’s Pension a person can receive:

• NMWP – National Minimum Pension awarded when deceased was in receipt of a national minimum retirement pension.
• ESRP – Early Survivors Pension awarded when deceased is not yet in receipt of a retirement pension.
• SRP – Survivors Pension awarded when deceased was already in receipt of a two-thirds retirement pension.

As from 1st January 2024, all types of Widow/er’s Pensions are not taxable. Hence if there are any previous FSS prescibed percentage from the Widow/er’s Pension, with regards to other income for other sources, this will no longer be automatically deducted by the Department of Social Security. This means that it is the responsibility of the widow/er in receipt of the Widow/er’s Pension to have tax deducted from any other income source.

Please click here for a Schedule of Benefits Rates.

You may make use of an online Calculator to calculate your potential  Contributory Widow/er’s Pension.

Eligibility

General eligibility criteria:

A widow/er who has not yet reached retirement age, may be eligible for a Contributory Widow/er’s Pension if the following criteria are a full-time gainful occupation fulfilled:

• Upon the death of the spouse/partner, provided the minimum contribution conditions are satisfied by late spouse.
• A Contributory Widow/er’s Pension is payable in full without any deductions if a widow/er is carrying out a full-time gainful occupation. However, if a widow/er re-marries, a flat rate of Widow/er’s Pension will be paid.
• A widow/er who is in gainful activity, is obliged to pay Social Security Contributions if his/her earnings from such gainful activity exceed the National Minimum Wage. The employer is obliged to pay all the statutory bonuses from his end.
• If a widow/er earns less than the National Minimum Wage, s/he may opt not to pay Social Security Contributions.
• A widow/er who is in gainful occupation is eligible to the Widow/er’s Contributory Pension. As of 2018, the widow/er in receipt of the Widow’s Contributory Pension is also eligible to other contributions such as Sickness Benefit, if there are minor children within the household and still dependent on the widow/er.
• The widow who is in receipt of a Windows Pension has the care and custody of a child, under the age of eighteen (18) years, of her late spouse or the care of a child in respect of which a Children’s Allowance is being paid, will have her rate of pension increased in respect of each such Child by € 10. Article 31B of The Social Security Act refers.

A widow/er who has reached retirement age and is not in receipt of a Contributory Pension from the Department of Social Security, may be eligible for a Contributory Widow/er’s Pension if the late spouse/partner was already in receipt of a Contributory Pension. In this case, the widow/er is entitled only to a ratio of 0.91666 of the full rate of what the spouse/partner was in receipt of.

A widow/er who has reached retirement age and is already in receipt of a Contributory Pension from the Department of Social Security, may be eligible for a Contributory Widow/er’s Pension in replacement of the current Contributory Pension, and:

• The rate of pension of the late spouse/partner exceeds that of the widow/er. In this case, the widow/er is entitled to the full rate of what the spouse/partner was in receipt of, in replacement to the widow/er’s current Contribution Pension.
• If the spouse/partner’s Contributory Pension is less than that of what the widow/er is receiving, the same rate of the current Contributory Pension is kept by the widow/er.

Documentation required

General documentation:

• In case of separated widows, a signed and insinuated Separation Deed is to be attached to the notification or application submitted
• In case of a cohabitating couple, a registered and insinuated Certificate of Cohabitation from the Public Registry is to be attached to the notification or application submitted.  If the cohabitation was not registered between 2017 and 2020 and one of the cohabitants passed away during the mentioned period, the beneficiary is required to provide documents which proofs that client has been in cohabitation for a minimum of ten (10) years prior to the mentioned demise.
• In case of a Civil Union couple, a registered and insinuated Certificate of Civil Union from the Public Registry is to be attached to the notification or application submitted.
• Ensure that your banking details held by the Department of Social Security are updated to receive payments by direct deposit in a bank. The IBAN number should be a local savings or current account, but not a loan account. The indicated account must be in the name of the beneficiary only. Banking details may be updated on mySocialSecurity.

How to apply

Upon the registration of the death of a spouse/partner with Malta’s Public Registry, the Health Services or the Department of Social Security, the process for the payment of a Contributory Widow/er’s Pension is automatically initiated by the Department of Social Security. A notification letter may be sent by the Department of Social Security to the prospective Contributory Widow/er’s Pension beneficiary to request any missing details necessary for the award of a Contributory Widow/er’s Pension. The Notification Letter must be returned duly completed, signed by the applicant and submitted to the Department of Social Security, else the process for issuance of the Widows’ pension will be halted.

Nevertheless, there may be instances, where a widow/er may submit an application for a pension when:

• The couple are separated and one of the spouses enters into a second marriage/cohabitation/civil union and thus an automatic notification was not issued to the widow/er involved.
• The Department of Social Security does not have updated residence information and the notification letter does not reach the widow/er.
• The widow/er opts to submit an application prior to receiving the Notification Letter from the Department of Social Security.

The Notification Letter or Contributory Widow/er’s Pension application must be received by the Department of Social Security within 6 months of the date of death of the spouse/partner, else the Contributory Widow/er’s Pension will be awarded as from the first (1st) Saturday from when the notification letter or application are received.

In such cases the widow/er is to fill in and submit the application online