Michael Ring (Mayo, Fine Gael)
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647. To ask the Minister for Employment Affairs and Social Protection if she will consider adapting a new procedure (details supplied) to negate situations of overpayments following death; and if she will make a statement on the matter. [54480/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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State pension non-contributory is a means-tested payment for people aged 66 and over, habitually residing in the State, who do not qualify for a state pension contributory, or who only qualify for a reduced rate contributory pension based on their social insurance record. For the purposes of the means-test, at initial application stage and throughout the lifetime of the pension claim, an applicant must provide full and up to date details of any income(s), asset(s), savings and investment(s) held, and notify any changes that occur that may affect their pension entitlement.

All state pension non-contributory recipients are notified at the time of their initial claim award and in subsequent claim review decision communications issuing, that their pension is a means-tested payment and that they are obliged (under provisions set out in social welfare legislation) to notify the Department of any changes in their circumstances that may affect their continuing pension entitlement.

In addition to periodic means reviews, information letters are issued annually to a proportion of recipients, on a rolling basis, to remind them of the conditions for continuing receipt of their payment and their obligation to notify the Department of changes in their circumstances in a timely manner.

I hope this clarifies the matter for the Deputy.

Neale Richmond (Dublin Rathdown, Fine Gael)
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648. To ask the Minister for Employment Affairs and Social Protection if she will consider expanding the criteria for the widow's pension to include couples who were co-habiting; and if she will make a statement on the matter. [54513/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The Widow’s/Widower’s/Surviving Civil Partner’s Contributory Pension (WCP) is paid to the husband, wife, or civil partner of a deceased person, and is a weekly pension, available to those who satisfy the required PRSI contribution conditions, either on his/her own record or on that of the deceased spouse or partner, subject to certain criteria.

The legal context governing relationships such as marriage is set out in various Marriage, Civil Partnership and Family Law Acts, and is regulated by the Minister for Justice.

Therefore, entering a marriage or civil partnership is a legal act, which confers both rights and obligations on both parties that do not exist in law between cohabiting couples.

On becoming bereaved, widows, widowers and surviving civil partners lose someone who had those legal duties towards them. The social welfare code acknowledges this by providing a pension to them, subject to certain conditions. It was for these reasons that the social welfare supports for widows and widowers were extended to surviving civil partners from January 2011, when the provisions of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 came into force.

Consequently, any changes to the Widow’s or Widower’s or Surviving Civil Partner’s Pension would have to be considered in the context of wider and more complex issues, such as the status of marriage and cohabitation.

In addition, the Citizens Assembly have made some recommendations in this area and those issues are currently being considered by the Joint Oireachtas Committee on Gender Equality. The report of the Committee will be relevant to the considerations of this issue.

A Private Members' Bill is at second stage in Seanad Eireann. The Bill seeks the award of a pension to a surviving cohabitant, in the same manner as a widow, widower or surviving civil partner receives a pension on the death of a spouse or partner.

A timed amendment to the Motion that the Bill be read for a second time has allowed 12 months for, amongst other things, a comprehensive consideration of the implications of the Bill through engagement and consultation with other relevant Departments and the Attorney General and an examination and response to the report of the Joint Oireachtas Committee on Gender Equality and its recommendations, including any proposals for Constitutional reform.

I hope this clarifies the matter for the Deputy.