Widow’s Pension: Who Can Claim It and Under What Conditions?

Widow’s Pension: Who Can Claim It and Under What Conditions?
Jakub Chajdas

Jakub Chajdas

Partner/Attorney-at-law

The widow’s pension is a new solution within the social insurance system in Poland. It has been in force since 1 July 2025. It allows widowed persons to combine their own retirement or disability benefit with part of the benefit due after their deceased spouse. This institution was introduced in response to long-standing social demands. It aims to improve the financial situation of widows and widowers. It is a form of support after they lost a significant part of their income due to their spouse’s death.

In this article, we explain what the widow’s pension is and who can get it. Read more about the conditions that must be met and the application procedure. Find out when the Social Insurance Institution (ZUS) may refuse to grant the benefit.

Table of Contents

What Is the Widow’s Pension?

The widow’s pension is not a separate, independent benefit. It is a possibility of receiving a combined benefit consisting of:

  • 100% of one’s own retirement or disability pension and
  • 15% of the survivor’s pension due after the deceased spouse,

or, alternatively:

  • 100% of the survivor’s pension and
  • 15% of one’s own benefit.

The option depends on what is more financially beneficial for the eligible person.

From 1 January 2027, the amount of the second benefit will increase from 15% to 25%. This change will further influence the real value of the widow’s pension.

Survivor’s Pension vs. Widow’s Pension

The survivor’s pension and the widow’s pension are two different legal mechanisms. The survivor’s pension is a classic benefit paid after the death of an insured person. The widow’s pension is based on joint benefits. It allows partial use of both one’s own benefit and the benefit due after the deceased spouse.

A prerequisite for using the widow’s pension is prior entitlement to a survivor’s pension. If the survivor’s pension has not yet been granted, an application for its determination must be submitted first.

Who Pays the Widow’s Pension?

Benefits under the widow’s pension are paid by the competent pension institutions. This depends on the insurance system to which the deceased spouse belonged:

  • Social Insurance Institution (ZUS in Poland),
  • Agricultural Social Insurance Fund (KRUS in Poland),
  • Military Pension Office,
  • Pension Institution of the Ministry of the Internal Affairs and Administration,
  • Pension Office of the Prison Service

In practice, around 90% of widows’ pension cases are handled by ZUS. In certain situations, joint benefits may be paid by two different institutions.

Widow’s Pension

Payment Dates of the Widow’s Pension

If the application for the widow’s pension was submitted by 31.07. 2025 and the decision is positive, the benefit is also due for July 2025. Applications submitted later result in payment starting from the month in which the application was received by the pension authority.

From August 2025, concurrent benefits are paid on fixed dates: the 1st, 6th, 10th, 15th, 20th, or 25th day of the month.

Widow’s Pension – Conditions for Granting

For a widow’s pension to be granted, the legislator has provided a closed list of conditions. All must be met together. Failure to meet even one condition results in a refusal to establish the right to the benefit.

Table 1. Conditions for Obtaining the Widow’s Pension

ConditionPractical explanation
Reaching retirement ageAt least 60 years for women and 65 for men.
Marital property communityMarried until the spouse’s death (no separation)
A right to a survivor’s pensionThe right arises no earlier than at the age of 55 years (women) or 60 (men).
No new marriageThe applicant must not be currently married to another person.

Failure to meet any of the above conditions leads to a negative decision of the authority.

Widow’s Pension

When Can Social Insurance Institution Refuse to Grant the Widow’s Pension?

The Social Insurance Institution may refuse to grant entitlement to a widow’s pension. This happens not only when personal conditions are not met. It also applies when specific financial or formal obstacles exist.

Table 2. Most Common Reasons for Refusal of the Widow’s Pension

Reason for refusalLegal effect
Exceeding the benefit limitNo entitlement to combined benefits if the amount exceeds three times the minimum pension.
No entitlement to survivor’s pensionThe right to a survivor’s pension must be established first.
No personal benefitNo basis for determining benefit combination.
Entering into a new marriageEntitlement to the widow’s pension ends.
Survivor’s pension acquired too earlyThe age requirement is not met.

A refusal decision may be appealed to the labour and social security court competent for the place of residence. The time limit is one month from the date of delivery of the decision. As a next step, one can submit an appeal. If the statutory conditions are met, a cassation complaint to the Supreme Court may be filed.

How to Apply for the Widow’s Pension

The application for the widow’s pension is submitted on the ERWD form. You can submit it:

  • in writing at a ZUS office or by post,
  • orally for the record at a ZUS unit,
  • electronically via the PUE ZUS platform, using a trusted profile or an electronic signature.

Applicants may seek help from ZUS consultants or the relevant pension authority.

Widow’s Pension

The widow’s pension was introduced by the Act of 26 July 2024 amending the Act on pensions and disability benefits from the Social Insurance Fund and certain other acts (Journal of Laws of 2025, item 718).

Widow’s Pension – Summary

The widow’s pension is an important financial support to people receiving retirement or disability benefits after their spouse’s death. This solution involves many conditions and limitations. Yet, it allows a real increase in monthly income. Propper establishing the right to a survivor’s pension is essential. Submitting the application on time is also crucial.

If you are unsure whether you meet the conditions for the widow’s pension, contact us. Our legal experts can support you if you need help with the application. An individual analysis helps avoid mistakes. It also increases the chances of obtaining the benefit.

FAQ – Frequently Asked Questions About Widow’s Pension

Is the widow’s pension a new benefit?

No. It is a mechanism for combining existing benefits – one’s own benefit and the survivor’s pension.

Is the widow’s pension always paid by the Social Insurance Institution ZUS?

No. Depending on the insurance system, another institution may be competent.

Is the widow’s pension granted after entering into a new marriage?

No. Entering into a new marriage excludes the right to the widow’s pension.

Can you receive the widow’s pension and work at the same time?

Yes. Yet, general rules on earning additional income while receiving benefits apply.

When will the percentage of the second benefit increase to 25%?

From 1 January 2027.

Contact us

    CGO Legal

    CGO Legal
    Anna Ślusarek
    Administration specialist
    Accounting