Carol Nolan (Offaly, Independent)
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513. To ask the Minister for Employment Affairs and Social Protection to list all social welfare payments which are currently payable to the surviving cohabiting partner of a deceased claimant after their death, in circumstances where the couple are not married; and if he will make a statement on the matter. [13695/25]

Dara Calleary (Mayo, Fianna Fail)
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Under Section 248 of the Social Welfare Consolidation Act 2005, where a person who is in receipt of a benefit dies and

(i) he or she was receiving an increase in respect of a qualified adult, or

(ii) his or her spouse, civil partner or cohabitant is in receipt of a benefit in his or her own right,

payment of the deceased person's benefit shall continue to be made for 6 weeks after his or her death and shall be paid to the deceased person's qualified adult, spouse, civil partner or cohabitant.

In the case of a benefit that may be payable to a person in their own right based on the death of a cohabiting partner, 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.

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 and Second Stage in Dail Eireann is scheduled to commence on 26th March 2025. I look forward to working with the Oireachtas in ensuring this important legislation is enacted.

I trust this clarifies the matter for the Deputy.