Dara Calleary (Mayo, Fianna Fail)
Link to this: Individually | In context

-----and that has shown up other anomalies. The presence of children was a factor in the Supreme Court reaching its decision on the equality ground but it was not the entire factor. It is important to note that the court made a finding that acknowledged the payment was not fully in respect of children. The current legislation has nuances regarding loss or retention and these have to be reconsidered in light of the Supreme Court decision. For divorcees, under the current legislation, a person may retain his or her entitlement to the pension after a divorce. Hence, a person can be in receipt of a pension in respect of somebody that he or she is no longer married to at the time of death. That was an anomaly that was noted by the Supreme Court and we are trying to correct the anomalies that are in the legislation. We are looking at eligibility for the bereaved partner's contributory pension ceasing two years after the breakdown of the relationship, which is in line with similar provisions that are in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. We have to try to put consistency in the rules. If the rules are left as they are, then cohabiting couples will continue to be treated differently from separated or divorced couples. The inclusion of eligibility for former cohabiting partners had to be brought in line with the judgment.

Excuse me, I apologise for not expressing my sympathies to the Deputy at the outset but-----