Widower sues for same pension rights as married people

The long-time partner of a woman who died is suing the Minister for Social Protection to grant him the Widower’s Pension despite him not having been married.

The action has been taken by John O’Meara, whose partner of over twenty years Ms Michelle Batey died on January 31 last as a result of contacting Covid-19.

He claims that sections of the 2005 Social Welfare Consolidation Act which excludes him from receiving the pension, because he was not married to nor had entered into a formal civil partnership with his late partner, despite their long relationship together amounts to a discrimination.

The couple, who never married, have three children together, all of whom are minors. The court heard that Mr O’Meara had planned to marry Ms Batey but they couple were unable to go through with their plans.