Written answers

Wednesday, 17 January 2024

Department of Employment Affairs and Social Protection

Social Welfare Code

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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888. To ask the Minister for Employment Affairs and Social Protection what plans are being considered to allow unmarried partners to qualify for the widow's pension upon the death of their partner; and if she will make a statement on the matter. [56815/23]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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To qualify for the Widow's, Widower’s or Surviving Civil Partner’s Contributory Pension, one must:

  • be a widow, widower or surviving civil partner;
  • not cohabit with another person; and
  • satisfy certain social insurance conditions.
Where the legal framework changes, the social welfare code is examined for appropriate changes and so it was that the Widows Contributory Pension was expanded to include widowers in 1994, surviving civil partners in 2010 and same-sex surviving spouses after the passing of the marriage equality referendum in 2015.

The matter of unmarried partners having access to the Widow's, Widower's or Surviving Civil Partner's Pension is currently before the Supreme Court and it would not be appropriate for me to comment further during an ongoing legal process.

I hope this clarifies the matter for the Deputy.

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