Kathleen Lynch (Cork North Central, Labour)
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Question 230: To ask the Minister for Social Protection the reason an unmarried couple, one of whom is working and paying social insurance, live together and raise a child together and one of the couple then dies, the widow or widower's contributory pension is not payable to the survivor and no claim can be made in respect of the qualified child of the relationship; if the refusal to make a payment in such circumstances amounts to discrimination against a child on the basis of the marital status of its parents; if such a form of discrimination is in keeping with public policy generally; his plans for change in this area; and if he will make a statement on the matter. [29106/10]

Éamon Ó Cuív (Galway West, 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, provided the applicant is not cohabiting. A means-tested widow's or widower's non-contributory pension may be payable to those who are under 66 and who do not satisfy the social insurance conditions. State pension (non-contributory) is available to those aged 66 or over. 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 and thus the scheme differentiates as against the survivor of a cohabiting couple. Confining the widow/ers contributory pension to married persons is not incompatible with the equal status acts as married couples and cohabiting couples are not in an analogous position.