Dáil Éireann Debate, Tuesday - 15 October 2024
393. Deputy Claire Kerrane asked the Minister for Social Protection if she plans to legislate to allow unmarried couples access the widow’s or widower’s pension on the death of one partner as in the case of a person (details supplied). [41205/24]
View answer404. Deputy Ivana Bacik asked the Minister for Social Protection her plans to legislate to redress social protection inequalities for non-marital families; and if legislation to progress these matters will be brought during this Government's term of office. [41343/24]
View answer408. Deputy Aindrias Moynihan asked the Minister for Social Protection when legislation will be enacted on the Supreme Court's judgement to the entitlement of an unmarried co-habitant to a widow’s, widower’s or surviving civil partner's contributory pension; and if she will make a statement on the matter. [41410/24]
View answerI propose to take Questions Nos. 393, 404 and 408 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.
As the Deputies are aware, 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.
In 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 continuing to work closely with the Office of Parliamentary Counsel to finalise this legislation and I intend to introduce it to the Oireachtas as soon as possible once that is done.
I trust this clarifies the matter for the Deputies.
