Dáil Éireann Debate, Tuesday - 25 January 2022
436. Deputy Paul Murphy asked the Minister for Social Protection if she plans to introduce legislation to recognise the status of long-term surviving cohabitants; and if she will make a statement on the matter. [3402/22]
View answerThe Widow’s, Widower’s and Surviving Civil Partner’s pension is paid to the husband, wife or surviving civil partner of a deceased person and is available to those who satisfy the necessary PRSI contribution conditions, either on their own record or on that of the deceased spouse or civil partner, provided the applicant is not cohabiting. The legal context governing life-partnership relationships such as marriage or civil partnership is set out in various Civil Partnership, Marriage and Family Law Acts. Entering into a marriage or civil partnership is a legal act, which confers both rights and obligations on both parties that do not exist in law between cohabiting couples. Widows, widowers and surviving civil partners, who become bereaved, therefore, lose someone who had legal duties towards them, and the social welfare code recognises this by providing a pension to them, subject to certain conditions.It was for these reasons that the social welfare supports for widows and widowers were extended to surviving civil partners from 1 January 2011, when the provisions of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 came into force.Awarding widows pensions, or a similar benefit, to people who are not legally widows, widowers or surviving civil partners would involve a significant income support policy change and could also be very costly. The basis on which a person would become entitled to such a pension, would require significant consideration and raise complex legal and administrative challenges.
I further note that the Citizens’ Assembly issued its report on Gender Equality last summer. The Government has committed in its Programme for Government to responding to the recommendations of the Assembly and has established an Oireachtas Committee to examine these complex and multifaceted matters in the round.
My officials will prepare a report on how cohabiting couples are treated in the social welfare system. I will refer that report to the special Oireachtas Committee on gender equality.
I hope this clarifies the matter for the Deputy.
