Last Updated on April 24, 2025
The Irish government is progressing legislation to introduce the Bereaved Partner’s Pension, extending social welfare support to long-term cohabiting partners. The move follows a Supreme Court ruling in 2024 and represents a significant shift in bereavement benefit eligibility.
Background to the Legislation
The bill responds to the Supreme Court judgment in the case of O’Meara v. Minister for Social Protection. The court ruled that excluding cohabiting partners from bereavement benefits violates the Constitution. John O’Meara, the applicant in the case, had been denied the Widow’s, Widower’s or Surviving Civil Partner’s Contributory Pension after the death of his partner, Michelle Batey.
Following the judgment, the Department of Social Protection drafted legislation to address the issue. Minister for Social Protection Dara Calleary secured Government approval for the bill earlier this year.
The Bereaved Partner’s Pension will apply to those who meet strict cohabitation criteria and will be backdated to 22 January 2024, the date of the court ruling.
Main Provisions of the Bereaved Partner’s Pension Bill
Specifically, the Bereaved Partner’s Pension Bill includes the following provisions:
- Bereavement pensions will be extended to qualifying cohabitants.
- Eligibility requires a cohabiting relationship of at least two years with children or five years without children.
- The Widow’s, Widower’s or Surviving Civil Partner’s Contributory Pension will be renamed the Bereaved Partner’s Contributory Pension.
- The Department of Social Protection plans to backdate payments to 22 January 2024, the date of the Supreme Court decision.
Advocacy Group Responses to the New Bereavement Scheme
Advocacy groups have broadly welcomed the Bereaved Partner’s Pension, though both Treoir and FLAC have called for amendments to ensure fairness for all family types.
Meanwhile, Treoir has supported the bill but is seeking broader reform. The organisation urged the government to consult more widely and to extend the backdating period, ideally to 2020. It also emphasised the need for clear administrative guidelines to ensure fair implementation.
Similarly, FLAC raised concerns about the bill’s impact on separated and divorced individuals. Under current rules, these individuals may access survivor pensions if they have not remarried or entered a new cohabiting relationship. FLAC noted that the proposed bill removes this entitlement and has called for amendments to retain it.
Legislative Status of the Bereaved Partner’s Pension Bill
The government introduced the bill in the Dáil on 13 March 2025. As of 24 April 2025, it remains under consideration. Although not yet law, the bill has received strong political backing and is expected to progress.
Details and updates can be found on the official Oireachtas Bill page.
