Louise O'Reilly (Dublin Fingal West, Sinn Fein)
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150. To ask the Minister for Employment Affairs and Social Protection if he is aware that qualified surviving cohabitants bereaved before January 22nd 2024 are not entitled to receive retrospective bereaved partner’s pension payments from before that date; if the Minister is aware of the number of qualified surviving cohabitants in this situation; if he is aware of the hardship endured by qualified surviving cohabitants over the years due to lack of access to a bereaved partner’s pension; if he will consider backdating payments to all qualified surviving cohabitants who apply; and if he will make a statement on the matter. [21760/25]

Dara Calleary (Mayo, Fianna Fail)
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As the Deputy is aware, the Social Welfare (Bereaved Partner's Pension) Bill 2025 is currently before the Oireachtas.

When enacted, the Bill proposes to expand eligibility to the Widows, Widower's and Surviving Civil Partner's Contributory Pension to qualified cohabitants. The 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.

The Bill proposes that to be eligible for the payment there is no limit on the date when the death of a qualified cohabitant occurred, provided the criteria was met at that time and eligibility continues at the date of claim.

It is proposed that payment of the Bereaved Partner’s (Contributory) Pension will commence from the date of judgment in the case of a death that occurred prior to that date because this is the date when the existing law was found to be inconsistent with the Constitution, and from the date of death for claims after 22 January 2024.

It is very difficult to predict the number of people who may become entitled under the scheme as there is limited data on cohabiting couples and whether they would meet the proposed criteria that is set out to be considered a qualified cohabitant. Therefore it is not possible to estimate the number of surviving qualified cohabitants that suffered a bereavement prior to 22 January 2024. From applications received by my Department to date, I can confirm that approximately 160 relate to a death prior to 2024.

For those surviving qualified cohabitants who were in need of financial supports, my Department operates a number of other schemes including contributory and non-contributory State pensions and working age payments including the One-Parent Family Payment.

Furthermore, my Department operates Additional Needs Payments as part of the Supplementary Welfare Allowance scheme for people of any age, who have an urgent need which they cannot meet from their own resources. These payments are available through our Community Welfare Officers.

I hope this clarifies the matter for the Deputy.