Irish Minister for Social Protection, Dara Calleary, has secured government approval to introduce the Bereaved Partners’ Pension Bill, which will expand the criteria regarding the widow’s pension in Ireland.

If passed, the bill will grant bereaved partners who had been cohabitants the same pension benefits as spouses and civil partners if they meet the existing definition in Irish law of qualifying cohabitants.

It would expand the pension to include those who lived with their now-deceased partner for two years if they had children together and those who lived with their partner for five years if there were no children.

Qualifying cohabitants will also have access to the Bereaved Parent’s Grant and the Bereaved Partners Non-Contributory Pension.

The policy change follows a ruling by the Supreme Court in January 2024. Co. Tipperary man John O’Meara challenged the law after the death of his partner to Covid-19 in January 2021. As they were not married, he was denied the right to a widower’s pension, which he believed to be unjust.

Initially, the High Court upheld the Minister for Social Protection’s refusal to grant him the pension, but O'Meara challenged this decision in the Supreme Court at Dublin's Four Courts.

On 22 January 2024, the Supreme Court ruled in O'Meara's favour, finding that it was unconstitutional to deny him the same access to the widow’s pension as those who were married or in a civil partnership.

National Pension Helpline pensions and finance expert, Dan Malone, explained that the Widow’s, Widower’s or Bereaved Civil Partner’s Contributory Pension is worth up to €249.50 a week for those aged under 66, and up to €298.30 a week for those aged 66 and over.

“These payments for bereaved partners who were not married or in a civil partnership will be backdated to the date of the Supreme Court judgment on 22 January 2024,” he said.

“All contributions must have been made before the death of the spouse or civil partner, and the two records cannot be combined when calculating entitlement.”

Announcing the bill on Tuesday (4 March), Calleary acknowledged John O’Meara and his three children.

“Once enacted, this legislation will provide surviving qualifying cohabitants with access to the Bereaved Partner’s Contributory Pension. This is an important financial safeguard for individuals and families who are grieving,” Calleary said.

He added that there should be no distinction between those who are married and those who are not in these circumstances.

“The Supreme Court recognised that such distinction was unequal when it came to the Widower’s Contributory Pension. With this legislation, we will ensure that significant financial support is available to grieving partners equally.”

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