Michael Healy-Rae (Kerry, Independent)
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1164. To ask the Minister for Employment Affairs and Social Protection the supports which are available to a parent/guardian when the second parent has passed away (details supplied); and if he will make a statement on the matter. [58189/25]

Dara Calleary (Mayo, Fianna Fail)
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Matters relating to maintenance are a matter for my colleague the Minister for Justice, Home Affairs and Migration as a divorced person can seek recourse for the loss of maintenance upon the death of their ex-spouse by making an application to the court to have provision made for them out of the deceased's estate.

As the Deputy is aware, the Social Welfare (Bereaved Partner's Pension and Miscellaneous Provisions) Act 2025 was enacted on 21 July 2025.

The provisions of the Act which introduced the Bereaved Partner's (Contributory) Pension were as a result of the Supreme Court decision on the entitlement of an unmarried cohabitant to a Widower's Contributory Pension. In simple terms, the Court found that section 124 of the Social Welfare Consolidation Act 2005 (as amended) was inconsistent with the Constitution insofar as it excluded the claimant from the category of persons entitled to a Widower's Contributory Pension. The Supreme Court recognised that legislation was necessary in order to give effect to its decision.

In developing the legislative response, the basis upon which earlier rules for the scheme were framed, including (a) the entitlement of divorced partners at the time when divorce was first introduced, and (b) continued payments based on a previous marriage, had to be considered in light of new rights to the payment created for surviving qualifying cohabitants.

In this regard, the new legislation underpinning the Bereaved Partner's (Contributory) Pension and other related payments such as the Bereaved Parent Grant, sets the qualifying criteria for ongoing relationships equally to a marriage, civil partnership or a relationship of qualified cohabitation that has not ended via divorce or broken down for more than two years at the date of death.

Where a parent/guardian may not be eligible for the Bereaved Partner's (Contributory) Pension or the Bereaved Parent Grant, they may be entitled to a range of other payments made by my Department to parents such as Child Benefit, Carer's Benefit or Carer's Allowance, and the Back to School Clothing and Footwear Allowance. While each of these payments have their own qualifying criteria, the civil status of each applicant is not a factor. In addition, for those parents who are parenting alone, they can access the means tested One Parent Family payment.

Under the Supplementary Allowance scheme, the Department may make a single exceptional needs payment (ENP) to help meet essential, once-off expenditure which a person could not reasonably be expected to meet from their weekly income, which may include help with funeral and burial expenses. This is a more targeted and efficient manner of assisting people with bereavement expenses in addition to the range of supports already set out.

I hope this clarifies the matter for the Deputy.