A recent Supreme Court decision has struck down provisions of the Social Welfare Act 2005 as being unconstitutional. This followed a challenge by a father of three young dependent children whose long-standing partner of 20 years had passed away in January 2021. He applied for the Widower’s Contributory Pension which, according to the 2005 Act, is payable to a husband, wife or civil partner of a deceased person, provided that the Applicant has made sufficient PRSI contributions. The Department of Social Welfare rejected his claim because his relationship with his former partner was not based on marriage or civil partnership.
He challenged the constitutionality of the 2005 Act. His application failed in the High Court and he appealed in the Supreme Court.
In a very important decision, the Supreme Court stated very clearly stated that the loss to the children of the relationship was no different irrespective of the marital status of their parents. It held that the constitution recognises all children and that the refusing of the widower of the Widower’s Pension in an unmarried relationship was not compatible with the ‘equality guarantee’ provided for in article 40 of the constitution.
It is very clear that this decision is based on the fact that the surviving parent had dependent children .It is not clear that the Court would have made the decision if there were no dependent children.
For further information please do not hesitate to contact Brendan Dillon or Emma Dillon on 01 2960 666.
