Social Welfare Code

Thursday, 30 May 2024

Questions (205)

Matt Shanahan

Question:

205. Deputy Matt Shanahan asked the Minister for Social Protection if, in relation to the recent Supreme Court findings (details supplied) concerning the right of the bereaved partner to receive social welfare entitlements after the death of their loved one and in support of their family obligations, she will provide an update as to the specific steps the Government is taking to recognise such rights in new or amended legislation; when such legislation or amendments will be tabled; when other single-parent families to whom this judgement is relevant can expect recognition by the Department of Social Protection as to their access to State support as outlined; and if she will make a statement on the matter. [24480/24]

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Written answers

Minister for Social Protection

Under the law as currently enacted, entitlement to a Widows, Widowers or Surviving Civil Partner’s Contributory pension is only available to a surviving partner who was party to a marriage or civil partnership.

On Monday 22nd January, the Supreme Court delivered its judgment in relation to the entitlement of an unmarried co-habitant to a Widows, Widowers or Surviving Civil Partner’s Contributory pension. The Supreme Court judgment overruled a previous High Court decision and found in favour of the claimant and his children.

In simple terms, the Court found that section 124 of the Social Welfare Consolidation Act 2005 (as amended) is inconsistent with the Constitution insofar as it excluded the claimant from the category of persons entitled to benefit from it. The Court reached that conclusion on the basis of the equality guarantee contained in Article 40.1 of the Constitution. The Supreme Court judgment notes that in order to resolve the issue raised by the judgment, a legislative amendment is required.

My officials are considering the measures necessary to respond to the Supreme Court judgment, which raised a number of complex issues, and are developing the legislative changes that are required to implement the decision. This is being done in conjunction with the Office of the Attorney General. Once proposals have been finalised, these will be brought to Government for approval before the Summer recess.

I hope this clarifies the matter for the Deputy.