LEGISLATION THAT WILL allow cohabitants to claim the Widow’s, Widower’s or Surviving Civil Partner Contributory Pension has passed all stages in the Dáil. 

It comes after the Supreme Court ruled last year that the existing law was unconstitutional and had to be changed to reflect its decision to grant the payment to a man who was not married to his late partner. 

The court unanimously ruled in January 2024 that John O’Meara was entitled to the widower’s pension, despite the fact he was not married to his partner of 20 years, Michelle Batey, when she died in 2021.

Chief Justice Donal O’Donnell said that the distinction in the legislation between a married and unmarried couple was “arbitrary and capricious”. 

The Bereaved Partner’s Pension Bill was brought to Cabinet by Social Protection Minister Dara Calleary earlier this year. 

The Bill extends eligibility to the payment to cohabitants who are in an intimate and committed relationship for two years where there is a child or children of the relationship, or five years otherwise.

The rules on when entitlement to the payment permanently cease will be amended to remove entitlement where couples are divorced, enter into a new relationship of cohabitation, or two years after the end of the relationship, whether that relationship is based on marriage or cohabitation.

It’s understood that this is to avoid a situation where surviving cohabitants may have greater rights than married or divorced couples and addresses existing anomalies in the scheme cited by the Supreme Court.

The Bill includes provisions that anyone, including divorcees, who are currently in receipt of a payment will retain it.

The same rules for eligibility for cohabitants will also be applied to the other schemes, such as the non-contributory version of the pension.

It’s understood that around 500 new cohabitant recipients are expected annually during the initial years following the implementation of the new policy.

However, this does not mean that the scheme is expected to grow by 500 recipients per year, as a similar number of cohabitants may exit the scheme.

It’s understood that the increased eligibility will cost around €50 million annually.