Joint Committee on Social Protection publishes report on Pre-Legislative Scrutiny of General Scheme of Social Welfare (Bereaved Partner’s Pension) Bill 2024

The Joint Committee on Social Protection, Community and Rural Development and the Islands today published its report on the Pre-Legislative Scrutiny of the General Scheme of the Social Welfare (Bereaved Partner's Pension) Bill 2024.

Deputy Marc Ó Cathasaigh, Leas-Chathaoirleach of the Committee, said: "The Social Welfare (Bereaved Partner's Pension) Bill 2024 is an important piece of legislation which is intended to give effect to the O'Meara judgement by expanding entitlement to social welfare schemes aimed at bereaved partners and families to qualified cohabitants and their children."

In January 2024, the Supreme Court delivered its judgement in the O'Meara case which related to the entitlement of an unmarried co-habitant to a Widows, Widowers or Surviving Civil Partner's Contributory Pension. This judgement overruled a High Court decision and found in favour of Mr O'Meara and his children and found that section 124 of the Social Welfare Consolidation Act 2005 (as amended) is inconsistent with the Constitution as it excluded Mr O'Meara from the category of persons entitled to benefit from it.

This ruling meant that a legislative amendment was needed to resolve the issues raised. In this context, the general scheme of the Bill was referred to the Committee in June 2024. In its pre-legislative scrutiny of this Bill, the Committee held one meeting in two sessions with representatives from Free Legal Advice Centres (FLAC) and officials from the Department of Social Protection and received submissions from interested groups.

Based on the evidence heard from FLAC and the Department, and submissions received, the Committee makes three recommendations regarding the General Scheme to the Minister for Social Protection:

• The Committee supports FLAC's recommendation of retaining the current entitlement of divorced and separated partners to a survivor's pension and expand it to surviving qualified cohabitants who were separated as opposed to taking the 'levelling-down' approach outlined in the General Scheme;
• The Committee recommends retaining the favourable treatment afforded to those who have lost two partners and expand it to include situations where the bereaved and the deceased were qualifying cohabitants in either or both instances;
• The Committee recommends that the Department provides detailed guidance and training to decision-makers which specifically deals with decisions on whether an individual was a "qualified cohabitant" and with back-dating claims for survivor's pensions made by people who were previously excluded because they were a cohabitant.

Deputy Ó Cathaisaigh said: "The Joint Committee welcomes the proposed legislation and requests that the Minister report to the Committee on the implementation of the recommendations made in this report. The Committee thanks all those who made submissions on this General Scheme and all those who appeared before the Committee in public session."

The Report on the Pre-Legislative Scrutiny of the General Scheme of the Social Welfare (Bereaved Partner's Pension) Bill 2024 is available on the Oireachtas website.

The Joint Committee on Social Protection, Community and Rural Development and the Islands has 14 Members, nine from the Dáil and five from the Seanad.