Claire Kerrane (Roscommon-Galway, Sinn Fein)
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1003. To ask the Minister for Employment Affairs and Social Protection when the widow's pension will be extended to unmarried couples on the death of one partner; the number of years living together required; when payments will issue; the persons that will be covered; and if he will make a statement on the matter. [11047/25]

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 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 Widower'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 so that payments can issue to those who will become eligible.

The draft Bill is aligned with the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, which provides for a couple to become qualified cohabitants where they have lived together in an intimate and committed relationship for a period of 2 years or more where there are children of the relationship, or 5 years if otherwise. There is no limit on the date when the death occurred provided the criteria was met at that time and eligibility continues at the date of claim. It is proposed that contributory pension payments will be backdated to the date of judgment or the date of death whichever is later.

I trust this clarifies the matter for the Deputy.