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Social Welfare Code

Dáil Éireann Debate, Tuesday - 3 October 2023

Tuesday, 3 October 2023

Questions (421)

Eoin Ó Broin

Question:

421. Deputy Eoin Ó Broin asked the Minister for Social Protection if her Department has considered extending benefits available to married couples following the loss of a spouse, to couples in long-term relationships but who are not married; and if she will make a statement on the matter. [42560/23]

View answer

Written answers

Claimants with cohabiting partners are recognised within the social welfare system as having additional needs in cases where their cohabiting partner is financially dependent upon them. The payment of an Increase for a Qualified Adult (IQA) in addition to the personal rate of payment reflects these additional household needs.

The IQA is payable in respect of a person who is wholly or mainly maintained by the primary claimant, subject to a means test, regardless of whether the couple are married or not. Where one member of a cohabiting couple claims a means-tested social assistance payment, their partner's income is taken into account in the means test.

As per social welfare legislation the Widower's or Surviving Civil Partner’s Contributory or the Non-Contributory Pension are not payable to surviving cohabiting partners who have not entered into marriage or a civil partnership with the person they were cohabiting with. 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.

The legal context governing relationships such as marriage is regulated by the Minister for Justice.

Aside from the wider legal issues regarding the status of marriage and civil partnerships, which is a much broader policy area than its implications for the income support schemes of my Department, extending the current provisions to people who have not undertaken equivalent legal obligations would carry significant cost implications.

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