Call to enact Bereaved Partners Pension Bill

Labour’s Alan Kelly has called on the Minister for Social Protection, Dara Calleary, to prioritise the rights of cohabiting couples by fast-tracking the Bereaved Partners Pension Bill to provide backdated payments to eligible families.

Deputy Kelly said: “This time last year my friend and neighbour Johnny O’Meara was successful in his Supreme Court case to provide the widower’s pension to surviving partners who were not married.

“Addressing this anomaly in the legislation must be a key priority of the incoming Government and Minister Callerary.

“At the heart of Johnny O’Meara’s case is the disparity and gaps in our social protection system that must be addressed to provide support to grieving partners in cohabiting couples. Our current system fails to protect those who choose not to marry or those who simply haven't formalised their partnership.

“So many people are impacted by this gap in the system and are waiting for clarity and fairness once and for all.”

about equality

Deputy Kelly added: “Johnny O’Meara’s case has always been about equality for his family.

“The lack of welfare supports for unmarried couples is a stain on Irish society. We need to step up and address the situation to provide equality for all families. It needs to be a priority for this Government.”

call for urgent action

Treoir has also called for urgent enactment of the legislation in the interest of greater equality for families. It is the National Information Service for unmarried parents and their children providing clear and up-to-date information free of charge to parents who are not married to each other and to those involved with them.

CEO, Damien Peelo, said: “Grief doesn’t discriminate - so neither should the pension. This victory was a significant step forward for equality. However, one year on cohabiting partners and their families are still not receiving financial support that was hard-won in the Supreme Court. Still, they are denied access to the Widow’s / Widowers pension and the Bereavement Grant because they are not married.

important milestone

Mr Peelo added:“Today we celebrate this important milestone, we stand in solidarity with all families and urge the new government to bring this Bill into law as committed to in the Programme for Government. Treoir is calling on all newly elected TD’s to publicly commit to commencing the bill within the first six months of the new Dáil.

“Families who have already endured the heartbreak of losing a loved one should not have to bear the additional burden of financial insecurity and exclusion.

“Treoir supported John O’Meara in his case, and we continue to advocate for legislation that reflects the needs of grieving families. The then Taoiseach (Leo Varadkar) publicly promised to make the payments, provide refunds to others and change the practice going forward.”

Details which Treoir recommends in the Bereaved Partners Pension Bill:

- Inclusion of All Cohabiting Partners: Ensure the pension is available to all cohabiting partners, regardless of whether they have dependent or adult children.

- Include cohabiting couples who lost their partners since 2020 (like John O’Meara) in backdated payments.

- Ongoing and Backdated Eligibility: Grant eligibility for cohabiting partners who lost their loved ones before John O’Meara’s case, ensuring support going forward or through backdated payments.

- Reasonable Cohabitation Period: Set the required cohabitation period to qualify at five years for cohabiting couples and two years for couples with children.

- Fair and Flexible Proof of Cohabitation: Accept proof such as shared address, joint finances, or other criteria used for joint social welfare assessments.

- Equity in Cases of Prior Marriage: Ensure that cohabiting partners are not excluded if their deceased partner had been previously married, especially if there was financial reliance.

Why This Matters

There are over 150,000 cohabiting couples in Ireland, and 75,000 of these families have children and the current Widow’s / Widower’s pension continues to discriminate against them.

Families like that of John Riley, a father of two from Cork who lost tragically lost his partner and mother of their children in 2021, continue to face financial hardship after the loss of a loved one. John Riley and many others were disappointed, after Budget 2025 once again ignored this issue. The delay in legislation is prolonging the suffering of families who have already endured profound loss.

Mr Peelo added: “Enacting and commencing this Bill will provide peace of mind and security for thousands of families during the most difficult times in their lives. Let us not wait another year to do what is right.”