Unmarried people who have lost their partners are being forced to sell their homes because they are not entitled to a Widow’s Pension, a campaign group has claimed. 

People whose wife, husband or civil partner dies are entitled to a pension of up to €289.30 a week, with additional payments for dependent children. 

In 2021, breast cancer patient Michelle Batey died after contracting COVID-19. 

Her surviving partner, John O’Meara, took the Department of Social Protection to court, after they told him that people who cohabited with their partners were not entitled to the benefit. 

In 2024, the Supreme Court unanimously ruled this was discrimination. 

The government is going to be introducing the legislation based on the John O'Meara case for the Widow's Pension for Cohabiting Couples before the summer recess.
Fill out the survey so we can show the government how many people are affected by this issue.https://t.co/Tkust2f3bL pic.twitter.com/i7FdwWDYr1

— TREOIR (@TREOIR) July 1, 2024

On The Pat Kenny Show, Sinéad Murray, a spokesperson for the campaign group Treoir, said she had been “delighted” with the ruling and urged the Ministers to introduce legislation “within the next six months of Government”. 

“Cohabiting couples other than John are still not eligible for the pension because the legislation has not been introduced,” she said. 

Ms Murray acknowledged there are “complexities” when it comes to relationships but that the law needs to be updated to ensure “equity” for all parties. 

“So, if there was a previous relationship with a person who passed away, that it would be done fairly in terms of the dependents of the relationship or the length of the relationship as well,” she said. 

“We know of people who were married for two-years and then they had a cohabiting couple relationship for 30-years and three kids together. 

“We think that’s one of those cases [where it’s] obvious that the person who depended on the person who passed away should be getting the pension.” 

An elderly woman takes money out of her purse. Picture by: Alamy.com.

Ms Murray said Treoir is aware of many people who are struggling financially because their partner has died and they are not entitled to a widow’s pension. 

“They are now in a position where they have to sell homes because they are not eligible for the widow’s pension,” she said. 

“For the ones where there are dependent children and they’re under 18, they need to see that it’s the children first that are being considered. 

“Because the Supreme Court ruled that this is discrimination based on the parents’ marital status which shouldn’t be allowed in relation to children. 

“Access to the pension; [it] is a significant amount and it leaves families in real dire straits if they don’t have that access.” 

The 2022 census found there had been a 17% increase in the number of childless, cohabiting couples in Ireland since 2016.

Main image: Split of a coffin and a for sale sign. Pictures by: Alamy.com