SOCIAL PROTECTION MINISTER Dara Calleary will today seek approval to bring to the Dáil legislation to extend the eligibility for the Widow’s, Widower’s or Surviving Civil Partner Contributory Pension.

The Bill seeks to extend 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.

In January 2024, the Supreme Court unanimously ruled 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 Bill will change the name of the scheme to the Bereaved Partner’s Contributory Pension.

Payments will start from 22 January 2024, when the Supreme Court ruled in favour of O’Meara, or later if the death is after this date.

Meanwhile, 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 issue of divorcees in particular was cited as an anomaly by the Supreme Court, as a divorcee is entitled to the payment.

However, 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 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.

Meanwhile, Justice Minister Jim O’Callaghan will update Cabinet on plans to sign a commencement order to launch the new Gambling Regulatory Authority, effective 5 March.

The regulator will oversee in-person and online gambling, excluding the National Lottery and certain lotteries, and will be able to take action where providers are failing to comply with the provisions of the Gambling Regulation Bill. 

Elsewhere, Tánaiste Simon Harris will ask Cabinet to approve draft legislation reforming the Triple Lock, a proposal to provide €100m in non-lethal military aid to Ukraine and provide an update on Ireland’s humanitarian aid to Gaza.

The Triple Lock legislation seeks to remove the requirement for UN approval to be secured in relation to the deployment of troops for overseas peacekeeping missions and increase the number of troops who can be deployed for any mission from 12 to 50.

Harris will ask Cabinet to approve the appointment of a new chief of staff of the Defence Forces, following the decision last year to nominate Lieutenant. General Sean Clancy, the current Chief of Staff, as Chair of the EU Military Committee.