In response to today’s Supreme Court ruling that an unmarried father of three children, whose long-term partner passed away, is entitled to the widower’s contributory pension, the Government has stated that it is examining whether any changes need to be made to the laws governing the situation. The Court found the man to be entitled to the state benefit even though he was not married to the deceased woman, or in a civil partnership with her.
According to RTE, the Department of Social Protection said in a statement that the examination of the legal situation would be completed “with all expediency”.
The case before the Court surrounded John O’Meara and his three children. His partner, Michelle Batey died in 2021 from Covid-19 after she developed breast cancer. She was 42. When he was denied a widower’s pension by the Minister for Social Protection, he took a case to the High Court on the matter. The High Court found that he was not entitled to the pension but Mr. O’Meara continued with his case and the Supreme Court has now found in his favour.
Ms. Batey had been in a relationship with Mr. O’Meara for more than 20 years. After she was diagnosed with cancer, they decided to get married but unfortunately Ms. Batey died before they could do so.
Since Mr. O’Meara and his partner were neither legally wed or in a formal civil partnership, the Court originally found that he was not eligible for the Widower’s Contributory Pension.
He appealed the ruling, but the High Court dismissed his appeal. That decision has now been overturned by the Supreme Court and the man will now be entitled to receive the pension.
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