The Government faces a challenge under equality laws to further backdate social welfare payments to bereaved partners who were denied pension entitlements because they were unmarried.
In July, a new law came into effect that opened up the existing widows and widowers pension to some bereaved unmarried partners. Payments will be backdated only as far as January 2024, which is when the Supreme Court ruled in favour of Co Tipperary father-of-three Johnny O’Meara in his challenge to the State’s decision to refuse him a Widower’s Contributory Pension.
Mr O’Meara and his three children had been denied the social welfare payment after losing his long-term partner and their mother, Michelle Batey. They were deemed ineligible because Mr O’Meara and Ms Batey had not been married.
The Bereaved Partners Bill followed the Supreme Court ruling in Mr O’Meara’s case. Since July 21st, the pension has been extended to bereaved partners who were in a relationship of at least two years with the late parent of their child. If they had no children, they must have been with their late partner for at least five years.
RM Block
Under the law, those who lost their partner before the O’Meara judgment will only have their social welfare payments backdated to January 2024. In Mr O’Meara’s case, his payments were backdated to his application for the Widows Pension.
At least two women who lost their partners are now seeking to challenge the State’s refusal to backdate their payments. Una Dunphy was refused the Widow’s Pension in 2009, after her long-term partner Nicky O’Connor died following an accident. Mr O’Connor and Ms Dunphy shared six children together and were in a relationship for 13 years.
Ms Dunphy said she is taking a case to the Workplace Relations Commission against the Department of Social Protection over the social welfare payments she claims she was wrongly denied.
Ms Dunphy said some of her children are now over the age of 18 and never benefitted from the support payment the family should have been offered.
In her complaint under the Equal Status Act, Ms Dunphy cites Mr O’Meara’s Supreme Court victory, saying: “The same Constitution applied to my application in 2009, and the refusal should now also be quashed and damages paid to my family for the failure of the Department of Social Protection to protect us from poverty and avail of an acceptable quality of life.”
In June, the Workplace Relations Commission confirmed to Ms Dunphy that her case can proceed as the alleged discrimination is ongoing.
One other bereaved partner is considering taking the case. The woman, who spoke to The Irish Times on condition of anonymity, said she did not want to yet go public due to her role in the civil service.
The Department of Social Protection said it “does not comment on individual cases or claims”.
