Ruairí Ó Murchú (Louth, Sinn Fein)
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375. To ask the Minister for Employment Affairs and Social Protection to confirm if a person (details supplied) who was entitled to claim the bereaved partners pension received an interim payment while the legislation was being drafted; the way in which this interim payment was facilitated by his Department; and if he will make a statement on the matter. [67727/25]

Dara Calleary (Mayo, Fianna Fail)
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In January 2024, the Supreme Court found that section 124 of the Social Welfare (Consolidation) Act 2005 (as amended) was inconsistent with the constitution insofar as it excluded the unmarried cohabitant applicant in that case from the category of persons eligible for a Widower's Contributory Pension. The Supreme Court recognised that legislation was necessary in order to give effect to its decision. As a result, the Social Welfare (Bereaved Partner's Pension and Miscellaneous Provisions) Act 2025 was enacted on 21 July 2025, which provides access to surviving qualified cohabitants to Bereaved Partner’s (Contributory) Pension. In accordance with this legislation where the bereavement of a qualified cohabitant occurred prior 22 January 2024, payment will be made from the date of judgment. Where the bereavement of a qualified cohabitant occurred after the date of the judgment and before the enactment of the legislation, payment will be back-dated to the date of death.

The Supreme Court judgment does not provide for an entitlement of backdated Bereaved Partner’s (Contributory) Pension prior to 22 January 2024 to any person.

The Department does not comment on any payments made to or entitlements of named individuals.

I trust this clarifies the matter for the Deputy.