Dáil Éireann Debate, Tuesday - 25 July 2023
691. Deputy Mick Barry asked the Minister for Social Protection if she will consider the amending of the eligibility for the widow's, widower's and surviving civil partner's (contributory) pension to allow surviving long-term partners to be able to claim the payment; if she will review the social protection system to identify other areas of discrimination against non-married couples; and if she will make a statement on the matter. [36063/23]
View answerThe legal context governing relationships such as marriage is broader than the social protection system. Marriage and Civil Partnership are regulated by the Minister for Justice and are provided for in various Civil Partnership, Marriage and Family Law Acts. Entering into a marriage or civil partnership is a legal act, which confers both rights and obligations on both parties which are distinct from those between co-habiting couples.
Widows, widowers and surviving civil partners, who become bereaved, therefore, lose someone who had legal duties towards them, and the social welfare code recognises this by providing a pension to them, subject to certain conditions.
To qualify for the Widow(er)’s or Surviving Civil Partner’s Contributory Pension, one must:
• be a widow, widower or surviving civil partner;
• not cohabit with another person; and
• satisfy certain social insurance conditions.
Where the legal framework changes, the social welfare code is examined for appropriate changes and so it was that the Widows Contributory Pension was expanded to include widowers in 1994, surviving civil partners in 2010 and same-sex surviving spouses after the passing of the marriage equality referendum in 2015.
Changes on the basis suggested would have the effect of expanding the rights of cohabiting couples beyond those currently regulated under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, where property rights and financial reliefs are subject to an application to a court in certain circumstances, such as during the lifetime of the other party to the relationship, and where financial dependence is established. While a surviving cohabitant can make an application to the court to seek provision from the estate of a deceased cohabitant, this is in limited circumstances.
There would be significant policy and operational changes required in implementing the changes to facilitate surviving cohabitants, which would require extensive consultation and interdepartmental co-operation.
Therefore, any changes to the social welfare code would require consideration of existing legislation and consultation with other Departments and the Attorney General. This process is currently underway, arising from the report of the Citizens Assembly on Gender Equality, through an Inter Departmental Group led by the Department of Children, Equality, Disability, Integration and Youth.
I trust this clarifies the matter for the Deputy.
