A man whose action in the Supreme Court has led to a change in the laws around the eligibility of co-habitating couples to both the Widow and Widowers pension has welcomed the Government’s move to extend the benefit.
John O’Meara, a father-of-three from Toomevara in Co Tipperary, took the action after he was refused the Widower’s Pension because he was not married to his partner or in a civil partnership with her when she died.
In early 2021, 42-year-old Michelle Batey who had breast cancer, contracted Covid-19 and died.
The couple had been together for 20 years and had three children, Aoife, Jack and Thomas.
They had decided to get married after Ms Batey’s serious diagnosis but she passed away before this was possible.
Mr O’Meara said the decision to extend the eligibility criteria will bring huge peace of mind for couples who are worried about the loss of income which comes with the loss of a partner.
He said it had been a long legal road for him and his family, but that he was delighted that his action would make a big difference to people in the future.
Today’s Government decision follows a Supreme Court ruling last year that the existing social welfare legislation was unconstitutional.
Seven judges of the Supreme Court unanimously agreed that the section of the social welfare legislation providing for the payment to be made only to someone who was married or in a civil partnership was invalid because it did not extend to Mr O’Meara as a parent of the couple’s children, who are now 16, 15 and 13.
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The Minister for Social Protection proposed new legislation to the Cabinet and the Government approved the Social Welfare (Bereaved Partner’s Pension) Bill extending access to the Widow’s, Widower’s and Surviving Civil Partner’s Contributory Pension to qualifying cohabitants for the first time.
This means couples who had lived together for two years or more and had children together will qualify and for those who did not have children together, they will qualify where they had lived together for five years or more.
The Contributory Pension payments will be backdated to the date of the Supreme Court judgment on 22 January 2024.
The Department of Social Welfare says access will also be provided for qualifying cohabitants to the Bereaved Parent’s Grant and the Bereaved Partners Non-Contributory Pension.
In a statement, Minister Dara Calleary said “this is an important financial safeguard for individuals and families who are grieving”.
“The loss of a loved one does not discriminate between those who are married or those that lived together in committed relationships,” the minister said.
“The Supreme Court recognised that such distinction was unequal when it came to the Widower’s Contributory Pension. With this legislation, we will ensure that a significant financial support is available to grieving partners equally.
“I would like to acknowledge the O’Meara family whose loss of a mother and partner, led to the legal challenge that ultimately overturned the law.”
