Cormac Devlin (Dún Laoghaire, Fianna Fail) | Oireachtas source

I welcome the opportunity to discuss the Social Welfare (Bereaved Partner's Pension) Bill 2025. The Bill represents an essential and long-overdue step in ensuring fairness and equality in our social welfare system. Fianna Fáil welcomes the Bill, which arises as a direct response to the Supreme Court ruling that recognised the exclusion of cohabiting partners from the widow's, widower's and surviving civil partner's contributory pension as unconstitutional. This decision was based on the fundamental principle of equality under Article 40.1 of our Constitution. We know that grief does not discriminate based on marital status. The pain of losing a life partner is not confined to those who were legally married. Committed relationships, where two people build a life together, share responsibilities and in many cases raise children, must be acknowledged in our social welfare system. This legislation will provide financial protection for those who find themselves bereaved, ensuring they are not left vulnerable during an already difficult time.

The Bill proposes to extend the bereaved partner's contributory pension to qualifying cohabitants, ensuring they have access to the financial support previously reserved for those who were legally married or in a civil partnership. Under this Bill, surviving cohabitants who lived together for two years or more and had children together will qualify for the pension. Those who lived together for five years or more, irrespective of children, will also qualify. Contributory pension payments will be backdated to 22 January 2024, the date of the Supreme Court judgment. Additionally, qualifying cohabitants will have access to the bereaved parent's grant and the bereaved partner's non-contributory pension. This approach reflects the legal recognition of cohabiting relationships under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. It aligns our social welfare system with the evolving nature of modern families and ensures that support is provided fairly.

The Supreme Court ruling in the case of John O'Meara v. The Minister for Social Protection was a landmark. The court recognised that denying bereavement benefits to long-term cohabitants, particularly those with dependent children, was discriminatory. The ruling exposed a gap in our legislation, a gap that this Bill seeks to close. We must acknowledge that relationships and family structures have evolved. Today many couples choose not to marry but still share their lives, finances and responsibilities in the same way as those who are married. When one partner passes away, the surviving partner often faces significant financial challenges, many of which we have heard about today, particularly if they were dependent on their loved one's income. This Bill ensures that the bereaved partners, regardless of their marital status, have access to essential financial support to help them navigate life after loss.

The Bill carefully balances fairness with practicality by applying clear eligibility criteria. It provides for an effective framework for determining qualification, using the existing legal definition of cohabitation. The requirement of either two years with children or five years without is in line with the provisions of the civil partnership Act 2010 and will maintain the integrity of the system. Furthermore, the Bill introduces necessary legislative changes to align other social welfare provisions with this extension, including amendments to the Social Welfare Consolidation Act 2005 and the Taxes Consolidation Act 1997. These updates ensure consistency across the system and prevent any ambiguity regarding eligibility or entitlement. The legislation also provides safeguards to address complex cases. For example, in cases of relationship breakdown or marital dissolution prior to bereavement, entitlement will be carefully assessed to prevent misuse while ensuring fairness for genuine claimants.

It is important to acknowledge that extending bereavement benefits to qualifying cohabitants will have financial implications for the State. This is not, however, an undue burden; rather, it is a necessary investment in fairness and social protection. The financial security provided by this pension can prevent hardship, reduce reliance on other social welfare payments and support families through difficult transitions. Ultimately, this measure will contribute to a more equitable society in which all those who suffer the loss of a partner are treated with dignity and respect.

This Bill is about doing what is right. It is about recognising and respecting the reality of modern relationships and ensuring that our laws reflect the principles of equality, fairness and compassion. Fianna Fáil fully supports the Bill and I hope that all Members of the Oireachtas will do likewise. By passing this legislation, we are not only upholding the Supreme Court's ruling but also delivering a vital reform that will make a real difference to the lives of bereaved partners and their families. Let us stand together in ensuring that no grieving partner is left without support.

I commend the Minister and his officials on the work they have done in a very short time in bringing this Bill to the House. The Bill will make our social welfare fairer and more inclusive for all. I join my colleague Deputy Ryan O'Meara in his words of sympathy and his praise for John O'Meara and his family on taking the case with such persistence. It was not easy, I have no doubt. In memory of Michelle, we should always remember that here.

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