A Supreme Court Ruling in favour of a Tipperary man is to be recognised in new legislation. Social Protection Minister Dara Calleary is to seek approval at today’s cabinet meeting for new 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. The legislation is necessary after Tipperary man John O’Meara won his Supreme Court case in 2024 in respect of the Department’s refusal to give him a widower’s pension. Mr O’Meara’s partner of 20 years and mother of their three children, Michelle Batey, died due to cancer in January 2021. The father of three sought a pension but was refused by the Department of Social Protection because the couple were not married.
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 Mr O’Meara, or later if the death is after this date.
The same rules for eligibility for cohabitants will be applied to the other schemes, such as the Non-contributory version of the pension. The change could cost the State up to €50M annually.
