Dáil Éireann Debate, Wednesday - 18 September 2024
443. Deputy Carol Nolan asked the Minister for Social Protection if new legislative changes have been made in respect of criteria to qualify for the widows and widowers pension; and if she will make a statement on the matter. [36294/24]
View answer444. Deputy Carol Nolan asked the Minister for Social Protection if changes have been made in respect of the widows and widowers pension; if not, when the proposed changes will be made; and if she will make a statement on the matter. [36295/24]
View answer458. Deputy Michael Healy-Rae asked the Minister for Social Protection if changes have been made to the widows pension to allow non-married long-term partners claim the payment, should their partner pass away; and if she will make a statement on the matter. [36579/24]
View answerI propose to take Questions Nos. 443, 444 and 458 together.
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 22nd January, the Supreme Court delivered its judgment on the entitlement of an unmarried cohabitant 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, in conjunction with the Office of the Attorney General, have been considering the measures necessary to respond to the Supreme Court judgment as it raised a number of complex issues.
On 18th June, I obtained Government approval for the priority drafting of the legislative changes required to respond to the Supreme Court decision. The General Scheme of a Bill was referred to the Office of Parliamentary Counsel for priority drafting, and to the Joint Oireachtas Committee on Social Protection, Community and Rural Development and the Islands for Pre-Legislative Scrutiny. The Committee issued its report on the 26th July.
My officials are now working closely with the Office of Parliamentary Counsel to develop and finalise this legislation and I intend to introduce it to the Oireachtas as soon as possible once that's done.
I trust this clarifies the matter for the Deputies.
