Under the law as currently enacted, entitlement to a widows, widowers or surviving civil partner’s contributory pension is only available to a surviving partner who was party to a legally registered marriage or civil partnership.
On Monday 22nd January 2024, the Supreme Court delivered its judgment in relation to the entitlement of an unmarried co-habitant to a widows, widowers or surviving civil partner’s contributory pension. The Supreme Court found in favour of the claimant and his children. The judgment notes that in order to resolve the issue raised by the judgment, a legislative amendment is required. My officials and the Office of the Attorney General are now considering the very detailed judgment, including the legislative changes required to respond to this decision. This will be done with all expediency.
To date, the Department has received 122 applications for widow's, widower's or surviving civil partner's contributory pension, which are being held, awaiting the new legislation. Applicants, including the person concerned, have been advised in writing that it is not possible to decide on their pension entitlement until the new legislation has been enacted. My Department will be in contact with the person concerned once the legislation is in place.
If the income of the person concerned is insufficient to meet their needs, they can apply for assistance under the supplementary welfare allowance scheme. This can consist of a basic weekly payment, a weekly or monthly supplement in respect of certain expenses, as well as single Additional Needs Payments. This can be done through their local Community Welfare Service. There is a National Community Welfare Contact Centre in place - 0818 607080 - which will direct callers to the appropriate office.
I trust this clarifies the matter for the Deputy.
