Joanna Tuffy (Dublin Mid West, Labour)
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Question 56: To ask the Minister for Social and Family Affairs her intentions to allow the long-standing partner of a deceased person to claim widows or widower's pension. [9296/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Widow's or widower's contributory pension is paid to the husband or wife of a deceased person and is available to those who satisfy the necessary PRSI contribution conditions, either on their own record or on that of the deceased spouse. A means-tested widow's or widower's non-contributory pension may be payable to those who do not satisfy the social insurance conditions. If the person has qualified children, they may instead qualify for the means-tested one-parent family payment. A key condition for receipt of the widow's or widower's pension is that the person is the surviving partner of a married couple.

The Department is carrying out a technical review of the entire social welfare code to examine its compatibility with the Equal Status Act 2000 (as amended). This will identify any instances of direct or indirect discrimination on any of the nine grounds of the Act, including gender, sexual orientation, marital status and family status. Where any instances of discrimination are identified, it will examine whether they are objectively justified by a legitimate policy aim and whether the means of achieving that aim are appropriate and necessary.

The Government is also planning legislation in the area of civil partnership. The provisions in relation to widow's and widower's pensions will be reviewed in the light of this legislation when it is enacted and when the equality review is finalised.