Under 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.
On 22nd January, the Supreme Court delivered its judgment in relation to the entitlement of an unmarried co-habitant 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 has 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.
My officials and the Office of the Attorney General are now considering the impacts of the very detailed judgment, including the legislative changes required to respond to this decision, and drafting the necessary legislation. This is being done with all expediency.
I hope this clarifies the matter for the Deputy.
