Dáil Éireann Debate, Tuesday - 1 October 2024
299. Deputy Robert Troy asked the Minister for Social Protection to examine a case for widower’s pension for a person (details supplied); and her views on the consequences of the Supreme Court’s ruling on it. [38743/24]
View answerUnder the law as currently enacted, entitlement to a Widows, Widowers or Surviving Civil Partner’s Contributory pension (and any related payments) 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 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. 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 Deputy.
