Toomevara man entitled to widower's pension

The Supreme Court has ruled that the long-time partner of a woman from Toomevara who died in 2021 is entitled to the Widower's Pension despite the fact that the couple were not married and did not have a civil partnership.

The court made its ruling in the case of John O'Meara, and his three children on Monday after which the decision was welcomed by Tipperary Labour Party TD, Alan Kelly, who vigorously campaigned for justice for the family.

Mr O’Meara, also from Toomevara,  took his case to the highest court in the land to challenge the High Court’s decision to uphold the refusal of the Minister for Social Protection to grant him the pension.

It found the section of the legislation excluding Mr O'Meara from claiming the pension was invalid and unconstitutional in that it did not extend to Mr O'Meara as a parent of the couple's three children.

Mr O'Meara claim for the Widower's Contributory Pension (WCP) arose after his partner of over 20 years, Michelle Batey, died after contracting Covid-19 in January 2021.

In his action Mr O'Meara, and the couple's three minor children, had claimed that sections of the 2005 Social Welfare Consolidation Act which excluded 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 amounted to a discrimination.

Their action was against the Minister for Social Protection, Ireland and the Attorney General which had opposed the claim. Last October Mr Justice Mark Helsin said he had enormous sympathy for the applicants but dismissed their claim against the minister's refusal.

However, the seven-judge Supreme Court has unanimously overturned the High Court’s decision and ruled that the relevant section of the 2005 act was invalid and discriminatory. Chief Justice Donal O'Donnell in his ruling said the distinction in the legislation between a married and unmarried couple was “arbitrary and capricious”.

KELLY DELIGHTED

Following the ruling by the Supreme Court on Monday, Deputy Kelly said: “I’m personally delighted that my friend and neighbour Johnny O’Meara has been successful with this case and today I am thinking of him and his three children and what they have gone through.

“This case underscores the pressing need to address the disparity in our social protection system. Johnny O'Meara's advocacy has brought attention to a glaring gap that denies essential support to grieving partners in cohabiting relationships.

“It is fundamentally unjust that if a partner of a cohabiting couple passes away, they currently have no entitlement to a widow’s or widower’s pension.

This inequity persists, the law must evolve to recognise and support the diverse ways in which families are formed and maintained.

“Our current system fails to provide adequate protections for those who choose not to marry or those who simply haven't formalised their partnership.

action needed

“The concept of family has evolved, and our laws must reflect this reality. It's time for immediate action to rectify this injustice and ensure equal treatment for all families.

“Johnny O’Meara’s case has always been about equality for his family. The lack of welfare supports for unmarried couples is a stain on Irish society. We need to step up and address the situation to provide equality for all families. Our social protection system has failed to keep pace with the way people live their lives. It is imperative that we address this gap to uphold the principles of fairness and compassion.”