Irish Daily Mirror

Unmarried widower wins pension appeal

Law discrimina­tory against family, judges rule

- BY CATE MCCURRY news@irishmirro­r.ie

THE long-term partner of a woman who died is entitled to the widower’s pension, even though they were not married nor in a civil partnershi­p, the Supreme Court ruled yesterday.

John O’meara and his three children challenged a High Court decision to uphold the refusal by the Department of Social Protection to grant him the benefit.

Senior judges said the section of the legislatio­n which led to the exclusion of Mr O’meara from receiving the cash was invalid and unconstitu­tional as it did not extend to him and his children.

Michelle Batey, Mr O’meara’s partner of over 20 years, died after she was diagnosed with Covid-19 in January 2021.

He claimed the Widowers Contributo­ry Pension but was refused on the grounds he was not the widower or surviving civil partner of Ms Batey, as was required by a section of the 2005

Act. Mr O’meara and their children, claimed that sections of the Social Welfare Consolidat­ion Act was discrimina­tory.

It was argued the family were excluded from receiving the pension as they didn’t marry nor had they had a civil partnershi­p.

Mr O’meara and his three minor children challenged the constituti­onality of the legislatio­n, however it was dismissed by Mr Justice Mark Heslin last year.

But yesterday, the seven-judge Supreme Court unanimousl­y overturned the decision, saying the section 124 of legislatio­n was “invalid”, having regard to Article 40.1 of the Constituti­on of Ireland, which states all citizens should be equal before the law.

The Chief Justice Donal O’donnell said the provision is a contributo­ry social welfare benefit “addressed to a loss giving rise to a recognised need for support, where that loss, both emotional and financial, is not in any way different whether the survivor is married or not”.

Justice O’donnell added: “WCP is increased when there are dependent children which recognises the survivor may not just be a spouse [or civil partner] but is also a parent and the survivor will have additional costs and expenses associated with maintainin­g any dependent children.”

Justice Seamus Woulfe said: “While couples may have a choice whether or not to marry, children cannot make the choice between marriage and cohabitati­on.”

Children can’t make choice between marriage & cohabitati­on SEAMUS WOULFE YESTERDAY

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 ?? ?? VICTORY John O’meara and his three children
VICTORY John O’meara and his three children

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