Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 188: To ask the Minister for Social Protection if she is currently using the definition of "cohabitation" in the new Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, Part 15, section 172; and if the statement published on the website in the section, Civil Partnership FAQs, question 14, section A Paragraph([i]c[/i]), as updated 24 March 2011, is correct. [38759/11]

Joan Burton (Dublin West, Labour)
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The term "cohabitant" is defined in the social welfare code in accordance with section 172 (1) of the Civil Partnership and Certain Rights and Obligations Act, 2010, which states that "a cohabitant is one of two adults (whether of the same or the opposite sex) who live together as a couple in an intimate and committed relationship and who are not related to each other within the prohibited degrees of relationship or married to each other or civil partners of each other". This definition is also published on the Department's website in the section Civil Partnership FAQs, Question 14, section A, Paragraph c. Since 1 January 2011, the social welfare code recognises all cohabiting couples and the Department treats same and opposite sex cohabiting couples in a similar way.

In relation to cohabiting couples, the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, creates a cohabitant's redress scheme for same-sex and opposite-sex couples giving protection to an economically dependent party at the end of a long-term cohabiting relationship (at least five years or two where there is a child of the relationship) where the couple has not chosen to marry or to register in a civil partnership as the case may be. Qualified cohabitants are not able to make a claim on the estate of a deceased cohabitant where their relationship ended more than two years before that person's death (except where a court decides that the qualified cohabitant is still dependent on the deceased person). This allows the economically dependent partner at the end of the relationship, whether by break-up or bereavement to apply to court for certain reliefs, including for provision from the estate of the deceased partner, or for maintenance, pension adjustment orders or property adjustment orders, (the reliefs available on application to the Courts are at the courts discretion) and gives legal recognition to cohabitant agreements enabling cohabitants to regulate their joint financial affairs.