Mr. Christopher Bowes:

The system under the 2010 legislation provides that people who meet the threshold of being qualified cohabitants can, after the end of the relationship, apply for maintenance and for provision out of the estate of a deceased qualified cohabitant. It is not the same sort of obligation that a person would have to a spouse if he or she were married or in a civil partnership. It is a lower level of entitlement, but it does address a gap that is there.

There are two elements to that legislation, namely, the definition of "qualified cohabitant" and the entitlement people have when they meet the threshold of being a qualified cohabitant. The 2025 Bill complements the provisions in the 2010 legislation because it is an add-on. It is not just an entitlement of one party to another. The social welfare system then steps in and provides for people who meet the threshold of qualified cohabitant. If we were to look at how the 2010 Act is functioning, there are two areas to look at. The first is the definition, of which I certainly have not seen any criticism that people are not able to establish that they meet that threshold. It is quite accessible and people are able to provide the proof. It seems they do meet that threshold. The other area is the level of entitlement or obligation that arises when people satisfy that they meet the definition of "qualified cohabitant". That is something that would be trickier to review, but 15 years on it is worth re-examining.

We agree with the Cathaoirleach's point about a take-up scheme. Our hope is, as the 2010 legislation seems to function fairly well in terms of proving cohabitation, that the 2025 Act will function in a similar way and that people who are qualified cohabitants will be able to establish that they will be entitled to what will be called the "bereaved partner's pension".