Brendan Griffin (Kerry, Fine Gael)
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111. To ask the Minister for Employment Affairs and Social Protection if a surviving partner (details supplied) of a long-term cohabitating couple is entitled to a widower’s pension; and if she will make a statement on the matter. [27437/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Under current legislation, entitlement to a Widows, Widower or Surviving Civil Partnership's Contributory pension (WSCPCP) is only available to a surviving partner who was party to a marriage or civil partnership.

My Department notes the judgement given by the Supreme Court on 22 January, with regard to entitlement to an unmarried cohabitant to WSCPCP.

In simple terms, the Court found that section 124 of the Social Welfare Consolidation Act 2005 (as amended) is inconsistent with the Constitution insofar as it excluded the claimant from the category of persons entitled to benefit from it. The Court reached that conclusion on the basis of the equality guarantee contained in Article 40.1 of the Constitution. The Supreme Court recognises that legislative amendment is required.

Officials in my Department in conjunction with the Office of the Attorney General have been considering the measures necessary to respond to the Supreme Court judgment. The judgment raised a number of complex issues, and my officials have been developing the draft legislative changes that are required to implement the decision.

Until such time as the legislation has been enacted, my Department will not be in a position to assess the entitlement of the persons impacted by the judgement, to the relevant payments.

The person concerned can make a claim for the WSCPCP to my Department, and their application will be held for consideration, until such time as the legislation has been enacted.

I have arranged for an application for WSCPCP to issue to the person concerned.

I trust this clarifies the matter for the Deputy.