The widow(er)’s pension
Related forms (5)
LEGISLATION
WHO IS ENTITLED TO A WIDOW(ER)'S PENSION?
A widow(er)'s pension may be granted to a spouse, registered co-habiting partner, divorced spouse and co-habiting partner if the deceased (deceased insured person) was in receipt of an old age pension, benefits prior to retirement age, service benefit for armed forces, life annuity for dance artists or transitional annuity for miners, or had completed the service period required for pension entitlement before death.
The widow(er)’s pension is established on application.
A widow(er)'s pension entitles the beneficiary to a temporary widow(er)'s pension and a widow(er)’s pension. A temporary widow(er)'s pension is established from the date of death and a widow(er)'s pension is established after the temporary widow(er)'s pension has been terminated, provided that the conditions for entitlement to it are met.
Under what conditions is the co-habiting partner entitled to a widow(er)’s pension?
A co-habiting partner is entitled to a widow(er)’s pension if, with the deceased until their death
- they had lived together continuously for one year and had a child, or
- they have lived together continuously for ten years.
A co-habiting partner who was in receipt of a widow(er)'s pension while living with the deceased may not be entitled to a widow's pension.
How to prove cohabitation?
Cohabitation is legally proved if the co-habiting partners have had the same place or stay of residence for the period required for entitlement to the pension and no facts or circumstances to the contrary have been established during the procedure. To prove that the co-habiting partner had the same place or stay of residence as the deceased, the co-habiting partner must first of all present an official document (e.g. an address card) or an official certificate issued by an integrated government customer service office (so called Government Window).
In the absence of the same place or stay of residence, the existence of a co-habiting partnership may be proved by other credible means, such as a witness statement (private or official/notarial document indicating the existence of a cohabitation).
What are the conditions under which a divorced person or a person separated from their spouse is entitled to a widow(er)’s pension?
A divorced person or a person who has been separated from their spouse for more than one year may be entitled to a widow(er)’s pension if they received maintenance from their spouse until their death or if the court has established them maintenance. This must be proved by a final court decision approving the alimony agreement or by a notarised certified undertaking to pay alimony.
Under what conditions is the spouse entitled to a widow(er)’s pension if the deceased had reached the retirement age at the time of the marriage?
If the marriage takes place after the deceased spouse has reached the retirement age, the surviving spouse is entitled to a widow(er)’s pension only if the marriage (previous cohabitation) resulted in the birth of a child or if the spouses have lived together continuously for at least five years after the marriage.
Temporary widow(er)'s pension
A temporary widow(er)'s pension is granted to a spouse (registered co-habiting partner, divorced or separated spouse, co-habiting partner) irrespective of age, state of health or whether or not they have children entitled to an orphan's allowance.
How much is the temporary widow(er)'s pension?
The temporary widow(er)'s pension is 60% of the pension (or the amount calculated as an old age pension) which the deceased was receiving or would have received as an old age pension at the time of death.
The widow(er)’s pension of a divorced person or a person who has been separated from their spouse for more than a year may not exceed the amount of the alimony.
How long is the temporary widow(er)'s pension paid for?
The temporary widow(er)'s pension is payable for one year from the death of the spouse.
By way of derogation, if the widow(er) is entitled to an orphan's allowance by right of the deceased
- supports a child younger than one and a half years, the temporary widow(er)'s pension until the orphan reaches the age of 18 months, if
- supports a disabled or permanently ill child, i.e., a child entitled to a higher family allowance, the temporary widow(er)'s pension is paid until the child reaches the age of three.
Who is entitled to a widow(er)’s pension after the temporary widow(er)'s pension has ceased?
A person who, at the time of the death of the deceased insured person
- had reached the age of retirement, or
- with a changed working capacity (health condition up to 50 %), or
- is a disabled or permanently ill person entitled to an orphan's allowance by virtue of their spouse, or supports two or more children entitled to an orphan's allowance.
A widow(er)’s pension may also be established if these conditions are met within 10 years of death.
How much is a widow(er)’s pension?
If the widow(er) is not in receipt of disability benefit, rehabilitation benefit, old age pension, benefits prior to retirement age, service benefit for armed forces, life annuity for dance artists and transitional annuity for miners, the widow(er)’s pension is 60% of the pension (or the amount calculated as an old age pension) which the deceased would have been entitled to receive as an old age pension at the time of death.
If, however, the widow(er) is also in receipt of an old age pension, benefits prior to retirement age, service benefit for armed forces, life annuity for dance artists, transitional annuity for miners, rehabilitation benefit or disability benefit, or is in receipt of a widow(er)’s pension for the maintenance of children entitled to orphan's allowance, a widow(er)'s pension of 30 % may be established.
The widow(er)’s pension at the rate of 30 % is payable irrespective of the amount of the pension in the widow(er)’s own right.
When does entitlement to a widow(er)’s pension cease?
Entitlement to a widow(er)’s pension ceases if the widow(er) remarries before reaching the age of entitlement to an old age pension.
A widow(er)’s pension on the title of changed working capacity ceases when the widow(er) is no longer a person with changed working capacity.
Entitlement to a widow(er)’s pension for the maintenance of children entitled to an orphan's allowance ceases when none of the children are entitled to an orphan's allowance.
How to claim a widow(er)’s pension?
The claim for a widow(er)'s pension can be submitted on the form provided for this purpose. In the case of the death of a non-pensioner, the claim must be submitted to the government office acting as the pension insurance administration body in the place of residence. If the deceased was in receipt of a pension, benefits prior to retirement age, a service benefit for armed forces, a transitional annuity for miners or a life annuity for dance artists, the claim for benefit must be submitted to the Pension Payment Directorate.
If the deceased was not in receipt of a benefit:
At the government office of the applicant's place of residence.
If the deceased was in receipt of a benefit:
At the customer service of the Pension Payment Directorate (1139 Budapest Váci road 73.).
If the deceased was not in receipt of a benefit:
The envelope must be marked with name of the government office of the applicant's place of residence.
The uniform postal address is:
Budapest
1916
If the deceased was in receipt of a benefit:
Hungarian State Treasury Pension Payment Directorate
Budapest
1820