Bereaved Partners Bill passed by the Oireachtas

The Minister for Social Protection, Dara Calleary TD, has today announced that the Social Welfare (Bereaved Partners and Miscellaneous Provisions) Bill 2025 has been passed by both Houses of the Oireachtas and will now be presented to the President for signing.

This landmark legislation will extend eligibility to the current Widow’s, Widower’s and Surviving Civil Partner’s Contributory Pension to Qualified Cohabitants in Ireland.

This Bill is as a result of the Supreme Court judgment in January 2024, which found in favour of Mr. Johnny O’Meara and his children in quashing a previous decision to refuse Mr O’Meara a Widower’s Contributory Pension on the basis that he and his deceased partner were not married. In so doing, the Supreme Court acknowledged that a legislative change was required to resolve the issues raised by its judgment.

The Bill extends eligibility for the payment to qualified cohabitants who have been in an intimate and committed relationship for a period of two years where there is a child or children of the relationship or five years if otherwise.

This is based on the concept of qualifying cohabitants as defined in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. There will be no time restrictions on when the bereavement of the qualified cohabitant occurred, provided the rules for payment continue to be met.

Payments will commence from the date of the Supreme Court Judgment, 22 January 2024, or later if the death is after this date. People will have six months from the date of enactment to make a claim where the death occurred before that date.

Because of these changes, the scheme will now be known as the Bereaved Partner’s (Contributory) Pension, to reflect the more inclusive nature of the payment.

The following schemes will also be amended to include qualified cohabitants on enactment.

• Widow, Widowers Widow’s, Widower’s and Surviving Civil Partner’s (Non Contributory) Pension
• Widowed or Surviving Civil Partner Grant
• Death Benefit Scheme under the Occupational Injuries Scheme

Commenting on the Bill’s passing, Minister Calleary said:

“I wish to acknowledge the loss that Johnny O’Meara and his family have suffered. I had the privilege of meeting with Johnny and heard his story first hand. I was impressed by Johnny’s quiet determination and courage to see this case through all the way to the Supreme Court.”

“This legislation will have an important impact for hundreds of people directly affected by the death of a loved one. It should also bring comfort to thousands of families and couples who may someday find themselves in that unfortunate position where a loved-one dies and they seek access to a pension from my Department. As we all know, death does not distinguish on any grounds and the loss of a loved one affects all equally.”

“My Department will now prioritise communicating these changes in relation to the expansion of eligibility to qualified cohabitants and will ensure that payments issue to eligible people as soon as possible.”

“I am very pleased that this landmark legislation has passed all stages of the Oireachtas. The Bill will now be sent to President Higgins for signature.”