CABINET HAS APPROVED priority drafting of new laws in response to a Supreme Court ruling that found a father of three was entitled to a widower’s pension, despite never having been married to or in a civil partnership with his late partner.

It is not expected to be passed into law before summer recess.

In January, the Supreme Court upheld a constitutional challenge of John O’Meara, who was denied access to the widower’s pension because he was not married to his partner of 20-years who died of cancer in 2021.

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

O’Meara said he was delighted with the ruling, noting it will help many other families in similar situations.

Reflecting on his decision to take legal action, he told reporters: “These things have to be done, things don’t change easily. You have to put the pressure on and put the work in.”

In its findings, the Supreme Court noted a legislative change was required owing to section 124 of the Social Welfare Consolidation Act 2005 being inconsistent with the Constitution.

The Bill will broaden eligibility criteria for the Widow’s, Widower’s or Surviving Civil Partner’s Contributory Pension (WCP) to surviving cohabitants and rename it as the Bereaved Partner’s Contributory Pension (BPCP).

This morning, Minister for Social Protection Heather Humphreys obtained government approval for the priority drafting of the BPCP Bill and the publication of the General Scheme.

It will be referred to the Joint Oireachtas Committee on Social Protection, Community and Rural Development and the Islands for pre-legislative scrutiny “at an early date as a priority”.