Dáil Éireann Debate, Tuesday - 1 October 2024
301. Deputy Mary Lou McDonald asked the Minister for Social Protection the number of applications currently awaiting a decision for widow’s, widower’s and surviving civil partner’s contributory pension that are awaiting a decision on entitlement owing to the Supreme Court judgement made on 22 January 2024; and if she will make a statement on the matter. [38747/24]
View answerUnder 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 marriage or civil partnership.
As the Deputy is aware, on 22nd January, the Supreme Court delivered its judgment on the entitlement of an unmarried cohabitant to a Widows, Widowers or Surviving Civil Partner’s Contributory pension. The Supreme Court judgment overruled a previous High Court decision and found in favour of the claimant and his children.In simple terms, the Court found that section 124 of the Social Welfare Consolidation Act 2005 (as amended) is inconsistent with the Constitution insofar as it excluded the claimant from the category of persons entitled to benefit from it. The Court reached that conclusion on the basis of the equality guarantee contained in Article 40.1 of the Constitution. The Supreme Court judgment notes that in order to resolve the issue raised by the judgment, a legislative amendment is required. On foot of the decision of the Supreme Court, my officials, in conjunction with the Office of the Attorney General, considered the measures necessary to respond to the judgment, as it raised a number of complex issues. In June, I obtained Government approval for the priority drafting of the legislative changes required to respond to the Supreme Court decision. The General Scheme of a Bill was referred to the Office of Parliamentary Counsel for priority drafting and to the Joint Oireachtas Committee on Social Protection, Community and Rural Development and the Islands for Pre-Legislative Scrutiny. The Committee issued its report on the 26th July.My officials are continuing to work closely with the Office of Parliamentary Counsel to develop and finalise this legislation and I intend to introduce it to the Oireachtas as soon as possible once that is done.
To date, my Department has received a total of 249 applications for widow's, widower's or surviving civil partner's contributory pension and/or the widowed (Parent) or surviving civil partner grant which are being held, awaiting the new legislation. Applicants 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 contact the applicants once the legislation is in place.
I trust this clarifies the matter for the Deputy.
