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:

Where somebody died prior to 22 January this year and there is eligibility under the rules as set out in this new legislation, then payment would start from 22 January this year. That is assuming they make an application and they do it within six months of the legislation being enacted. If they apply subsequent to that, the normal six-month backdating rule for all pensions would apply. The tests to decide if somebody is a qualified cohabitant or not are set out in the proposed legislation based on the same tests or criteria as are in the 2010 Act. They can involve all kinds of things, but we would try to establish the duration of the relationship, the basis on which the couple lived together, the degree of financial dependence between them, whether there are one or more dependent children of that relationship and so on. A full list is set out in the proposed heads. While we will seek information in that respect, we will also be practical in the sense that depending on the historical nature of the claim, it may not be possible to furnish absolutely everything that would ideally be required. There will obviously be a declaration required from people when they make an application for a scheme anyway. It will be a combination of those things. If necessary, as with all of our schemes, we will ask inspectors to examine things. However, as I said, we will always try to be as practical and sensible about the determination as we can, particularly where it is of a historical nature, and it might be more difficult to find or provide the information we ask for.

Comments

No comments

Log in or join to post a public comment.