Call to speed up pension rights as 'cohabiting couples still discriminated against'
John O'Meara and his children Aoife, Jack and Tommy at a previous court hearing. They had launched an appeal against the refusal by the Minister for Social Protection to grant the pension following the death of Michelle Batey, who was Mr O'Meara's partner of about 20 years and the children’s mother. File picture: Collins Courts
The new Dáil is being asked to pass legislation within the first six months of the new government that would extend pension rights to a bereaved partner.
Treoir is calling on TDs and senators to fast track and pass the Bereaved Partners Pension Bill and ensure it “includes all cohabiting partners, with or without children, and provides backdated payments to eligible families”.
The call comes a year on from the Supreme Court ruling in the case of Tipperary father of three, John O’Meara, who took a case against the State when he was excluded from the widower’s contributory pension following the death of his long-term partner, Michelle Batey. The couple had been together for 20 years.
In the ruling last January, Chief Justice Donal O’Donnell said: “Bereavement and the impact of the death of a partner, both emotional and financial, is not in any way different whether the survivor is married or not.”
He added: “The loss of a loving parent has the same impact on children, whatever their parents’ marital status."
In June, the then Minister for Social Protection, Heather Humphreys, secured Cabinet approval for priority drafting for the Bereaved Partners Pension Bill. The legislation has not yet been passed but is included in the Programme for Government.
Treoir said: “The government have developed legislation called the Bereaved Partners Pension which will extend the Pension entitlement to the bereaved partner of cohabiting couples (those not married to each other).
"Despite this, one year since the ruling of the Supreme Court on 22nd January, many grieving partners are still being refused the much-needed pension despite the Supreme Court order.”
“Their applications to the Department of Social Protection are still being refused as they do not meet the criteria for the existing Widow's, Widower's or Surviving Civil Partner's Pension.
"We are urging TDs and senators to act now and ensure that cohabiting couples are no longer discriminated against, and that the legislation lives up to its promise. We need the Bereaved Partners Pension Bill enacted once and for all — let us not wait another year to do the right thing.”
The organisation says that families are at risk of being pushed into poverty because of not being entitled to the payment. It also says that 40% of families in Ireland are non-marital units.
