In July the Social Welfare (Bereaved Partners and Miscellaneous Provisions) Bill 2025 passed both Houses of the Oireachtas and was signed in to law by the President.  

This legislation extends eligibility to the current Widow’s, Widower’s and Surviving Civil Partner’s Contributory Pension to qualified cohabitants in Ireland. 

This Bill came as a result of a Supreme Court judgment in January 2024, which found in favour of the applicant, Johnny O’Meara, and his children, when it overturned a previous decision to refuse him a Widower’s Contributory Pension on the grounds that he and his deceased partner were not married. In its ruling the Supreme Court acknowledged that a legislative change was required to resolve the issues raised by its judgment. 

The eligibility for the payment will now be extended to ‘qualified cohabitants’ who have been in an intimate and committed relationship for a period of two years if they have children, or five years if they do not. 

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

Fórsa official Catriona Oates said:  “This piece of legislation is important in two ways. Not only does it recognise the diversity of Irish families today, but it also puts these families on an equal footing. For too long, couples who decided not to marry, and their children, were treated unfairly and this legislation rectifies that.” 

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 (21st July) to make a claim where the death occurred before that date. 

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

• Widow’s, Widower’s and Surviving Civil Partner’s (Non-Contributory) Pension (This is a means tested payment if the PRSI condition isn’t satisfied and payable where there are no dependant children.) 
• Widowed or Surviving Civil Partner Grant (This is a once-off payment of €8,000 to widows, widowers, surviving civil partners and surviving cohabitants with dependent children.)  
• Death Benefit Scheme under the Occupational Injuries Scheme (Payable if an insured person dies because of an accident at work or from a disease that is related to their work.) 

Further information and the relevant application forms are available on gov.ie: Bereaved Partner’s (Contributory) Pension, Bereaved Partner’s (Non-Contributory) Pension.

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