Ms Sinéad Lucey:

I referred to a married couple with children, who then divorce or separate. One of the ex-spouses may be caring for the children and receiving financial support from the other ex-spouse, who is working. In those circumstances, if one of those parents dies, currently the surviving parent can apply for the pension and their children would be entitled to a payment. Under the general scheme, that entitlement would be lost. Even if that person loses a support that might be through childcare or a financial provision, the State will no longer be obliged to provide them with that or access to that pension. That is our concern in that area. Again, there is a differential treatment of families. This change does not seem to follow from the O'Meara judgment. Indeed, we are concerned it might be in breach of the principles regarding equality set out in the that judgment.