Government to legislate for widow’s pension for unmarried parents

The Government will quickly introduce legislation to extend widows and widowers’ pensions to surviving members of unmarried relationships with children.

The move comes after the Supreme Court ruled it was an unconstitutional breach of equality to offer a State pension to couples stemming from their marriage but not to individuals from unmarried relationships when children are involved.

In a statement, the Government said Minister for Social Protection Heather Humphreys and Attorney General Rossa Fanning were examining the judgment, including what legislation would be required to comply with it. This will be done “with all expediency”, the statement said.

The Government is expected to provide payment of the WCP to bereaved unmarried parents. The Supreme Court litigant, Mr O’Meara, by virtue of his legal action, will be entitled to the WCP and should get backdated payments but other bereaved unmarried parents are expected to get prospective payments only.

The court’s ruling relies on the fact that Mr O’Meara is a bereaved parent. Sineád Lucey of the Free Legal Advice Centres, which represented Mr O’Meara, took the view that any entitlements of bereaved childless cohabitees would require a separate determination in an appropriate case.