Proposed legislation to extend eligibility for the widow’s and widower’s pensions to surviving partners in non-marital families are set to be considered by the Cabinet on Tuesday.
The plans come after the Supreme Court last year ruled that the existing social welfare legislation in the area was unconstitutional.
The Supreme Court ruling was the outcome of a case taken by Tipperary man John O’Meara.
He was denied a widower’s contributory pension because he was neither married to nor in a civil partnership with Michelle Batey, his partner of almost 20 years and the mother of his children.
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Ms Batey died in 2021 after contracting Covid-19 while she was recovering from breast cancer.
In January 2024 the seven-judge Supreme Court quashed the refusal of the benefit and ruled the relevant provision of the social welfare legislation was invalid under the Constitution.
The plans to change the law are expected to be brought to Cabinet by Minister for Social Protection Dara Calleary.
The Irish Times understands that the proposed Social Welfare (Bereaved Partner’s Pension) Bill 2025 would extend eligibility to the payment to qualified 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 if otherwise.
There are measures to avoid the situation where surviving cohabitants may have greater rights than married or divorced couples to address existing anomalies in the scheme cited by the Supreme Court.
The Bill includes provisions that anyone, including divorcees, currently in receipt of a payment will retain their payment.
It is expected that about 500 new cohabitant recipients are expected annually during the initial years following the implementation of the legislation.
However, this does not mean that the scheme is expected to grow by 500 recipients per year, as a similar number of cohabitants may exit the scheme for various reasons.
The increased eligibility for the scheme is estimated to cost in the region of €50 million per year.
Separately, Tánaiste and Minister for Defence Simon Harris is to bring draft legislation to Cabinet to modify the triple lock on Irish troop deployment and remove the need for UN Security Council approval for peacekeeping missions abroad.
A proposal to provide €100 million worth of non-lethal aid to Ukraine is also expected to be discussed.
Minister for the Environment Darragh O’Brien is expected to seek Government approval to proceed with the development of a State-led strategic gas emergency reserve.
This is viewed as “critical” to Ireland’s energy security as the transition to renewable energy continues.
The Irish Times understands that a State-led liquefied natural gas (LNG) terminal form part of the plans which are likely to be criticised by environmental campaigners.
