Bill extending pension rights to unmarried bereaved partners passed by Oireachtas

A bill which will extend eligibility to the current widow's, widower's and surviving civil partner's contributory pension to unmarried partners who meet certain criteria has this week been passed by both houses of the Oireachtas.

The Social Welfare (Bereaved Partners and Miscellaneous Provisions) Bill 2025 will now be presented to the President for signing

Westmeath Minister of State Robert Troy welcomed the passage of what he descibed as "landmark" legislation.

The bill extends eligibility for the pension payment to qualified cohabitants who have been in an intimate and committed relationship for a period of two years - where there is a child or children of the relationship - or five years if otherwise.

"This legislation will have an important impact for hundreds of people directly affected by the death of a loved one," said Minister of State Troy.

"It should also bring comfort to thousands of families and couples who may someday find themselves in that unfortunate position where a loved-one dies and they seek access to a pension from the State.

"As we all know, death does not distinguish on any grounds and the loss of a loved one affects all equally."

The bill is as a result of the Supreme Court judgment in January 2024, which found in favour of Johnny O'Meara and his children in quashing a previous decision to refuse Mr O'Meara a Widower’s Contributory Pension on the basis that he and his deceased partner were not married.

In so doing, the Supreme Court acknowledged that a legislative change was required to resolve the issues raised by its judgment.

The bill extends eligibility for the payment to qualified cohabitants who have been in an intimate and committed relationship for a period of two years where there is a child or children of the relationship or five years if otherwise.

The new legislation is based on the concept of qualifying cohabitants as defined in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010. There will be no time restrictions on when the bereavement of the qualified cohabitant occurred, provided the rules for payment continue to be met.

Payments will commence from the date of the Supreme Court judgment, January 22, 2024, or later if the death is after this date. People will have six months from the date of enactment to make a claim where the death occurred before that date.

The Government said that, because of these changes, the scheme will now be known as the 'Bereaved Partner's (Contributory) Pension', to "reflect the more inclusive nature" of the payment.

The following schemes will also be amended to include qualified cohabitants on enactment: Widow, Widowers Widow’s, Widower’s and Surviving Civil Partner’s (Non Contributory) Pension; Widowed or Surviving Civil Partner Grant; and Death Benefit Scheme under the Occupational Injuries Scheme.