Oireachtas Joint and Select Committees
Tuesday, 2 July 2024
Joint Oireachtas Committee on Social Protection
General Scheme of the Social Welfare (Bereaved Partner's Pension) Bill 2024: Discussion
6:30 pm
Mr. Tim Duggan:
With respect to the court finding in favour of Mr. O'Meara and his children, it recognised that legislation is required to positively provide the benefit in their case. Until legislation is provided, they do not have an entitlement. The court accepts that, which is why this type of legislation is needed. That is as far as I am willing to go with respect to the O'Meara case. The Deputy knows the Department does not discuss the specifics of individual cases in public, so I will not breach that rule this evening either. The law was law until 22 January. The Department had no basis before 22 January to make payments to people who were not eligible in accordance with the law as it was, and still is, specified. It would not have any basis to do it retrospectively either, prior to the date when the law was found to be unconstitutional. That is why it is proposed that payments for those where death occurred prior to the date of judgment would commence from the date of judgment, and dates of death subsequent to that.
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