Rory Hearne (Dublin North-West, Social Democrats)
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989. To ask the Minister for Employment Affairs and Social Protection if he will respond to matters raised in correspondence regarding widows pension (details supplied); the alternative supports, if any, available to the person. [10591/25]

Dara Calleary (Mayo, Fianna Fail)
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Under the law as currently enacted, entitlement to a Widows, Widowers or Surviving Civil Partner’s Contributory pension, and Widowed or Surviving Civil Partner Grant, is only available to a surviving partner who was party to a marriage or civil partnership.

As the Deputy is aware, on 22nd January 2024, the Supreme Court delivered its judgment on the entitlement of an unmarried cohabitant to a Widows, Widowers or Surviving Civil Partner’s Contributory pension. The Supreme Court judgment overruled a previous High Court decision and found in favour of the claimant and his children.

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 judgment notes that to resolve the issue raised by the judgment, a legislative amendment is required.

In June 2024, the then Government approved the priority drafting of the legislative changes required to respond to the Supreme Court decision. The General Scheme of a Bill was referred to the Office of Parliamentary Counsel for priority drafting and to the Joint Oireachtas Committee on Social Protection, Community and Rural Development and the Islands for Pre-Legislative Scrutiny. The Committee issued its report and recommendations on the 26th of July 2024.

The draft legislation raised a number of complex issues that required the advices of the Office of the Attorney General and ongoing engagement between officials in the Department of Social Protection and the Office of Parliamentary Counsel. I am pleased to say that following Government approval, the Social Welfare (Bereaved Partner's Pension) Bill 2025 was published on March 13th. I look forward to working with the Oireachtas in ensuring this important legislation is enacted.

The person concerned will have their application examined when the new legislation is enacted. In the meantime, they may wish to contact the Community Welfare Officer in their local Intreo Office to determine if they are eligible for an interim payment.

I trust this clarifies the matter for the Deputy.