Pádraig Mac Lochlainn (Donegal, Sinn Fein)
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280. To ask the Minister for Employment Affairs and Social Protection if post-primary teachers will be entitled to pay-related jobseeker's benefit when they become unemployed at the end of this academic year in May 2025 and where they have been unable to secure an employment contract for September 2025; and if he will make a statement on the matter. [26479/25]

Dara Calleary (Mayo, Fianna Fail)
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Jobseeker's Pay-Related Benefit is a new social insurance income support which has replaced the Jobseeker's Benefit scheme for people who are fully unemployed, who have become unemployed since 31 March 2025 and who meet the statutory conditions of the scheme.

The legislation provides that those whose employment involves a recurring pattern of employment and unemployment reflecting the academic year are not eligible for the scheme. Factors taken into account include the pattern of the employment or previous employment of the person and the typical employment patterns in the sector in which the person is normally employed or was previously employed.

Teachers who are out contract and are seeking to return to employment can claim the PRSI-based insurance Jobseeker's Benefit or the means-tested Jobseeker's Allowance. There is no change to the income supports to which such persons are entitled.

I trust this clarifies the matter for the Deputy.

John McGuinness (Carlow-Kilkenny, Fianna Fail)
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281. To ask the Minister for Employment Affairs and Social Protection if an application for widow’s pension will be approved for a person (details supplied). [26484/25]

Dara Calleary (Mayo, Fianna Fail)
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Currently 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 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 13th March and Second Stage concluded in Dáil Eireann on 27th March. I look forward to working with the Oireachtas in ensuring this important legislation is enacted as soon as possible.

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.