Dáil Éireann Debate, Tuesday - 28 May 2024
313. Deputy Aindrias Moynihan asked the Minister for Social Protection the timeline for legislation to be enacted on the Supreme Court’s judgement to the entitlement of a unmarried co-habitant to a widows, widowers or surviving civil partner’s contributory pension; and if she will make a statement on the matter. [23665/24]
Amharc ar fhreagraUnder 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.
