Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025

Our Employment Law & Benefits team reviews the Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025 which was signed into law on 21 July 2025.

What you need to know

• O’ Meara decision: The Supreme Court judgment in John O’ Meara & Ors v The Minister for Social Protection Ireland and The Attorney General[1] was the starting point for work on the Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025.
• Extending eligibility: The Act extends eligibility for the payment of the Widow’s, Widower’s and Surviving Civil Partner’s (Contributory) Pension to Qualified Cohabitants.
• Backdating the Bereaved Partner’s (Contributory) Pension: The payment of Bereaved Partner’s (Contributory) Pension was extended to Qualified Cohabitants, with effect from the date of the O’ Meara Supreme Court judgment, being 22 January 2024.
• Events that stop payment: If a bereaved partner remarries or starts to cohabit with someone else, the Bereaved Partner’s (Contributory) Pension is no longer payable.

The Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025 was been signed into law by the President in July 2025. It amends and extends the Social Welfare Acts. It extends eligibility for the current Widow’s, Widower’s and Surviving Civil Partner’s (Contributory) Pension. It also broadens access to other similar social welfare schemes for Qualified Cohabitants in Ireland. We review the Act and highlight the key sections that pension providers should be aware of.

O’ Meara decision

Work on the Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025 began on foot of the Supreme Court O’Meara judgment The court granted an order of certiorari. This is a type of court order that quashes a previous decision made by a public body or lower court. In this case, it set aside the earlier decision to refuse Mr. O’ Meara a Widower’s Contributory Pension because he and his deceased partner were not married. In its judgment, the Supreme Court held that the provision of the Social Welfare Consolidation Act 2005 was unconstitutional. This provision allowed for the payment of a Widower’s Contributory Pension to surviving spouses but not to unmarried partners. The Court found that this breached Article 40.1 of the Constitution and Mr. O’ Meara’s right to equality.

Extending eligibility

The Act extends eligibility for the payment to Qualified Cohabitants. This is defined in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. It refers to a couple that lives together for at least five years, or at least two years if the couple have dependent children together. The couple must be in an intimate and committed relationship, but must not be married to each other or in a civil partnership. To qualify for the scheme, which has now been renamed as Bereaved Partner’s (Contributory) Pension, one of the Qualified Cohabitants must have enough social insurance contributions (PRSI).

The following schemes will also be amended to benefit Qualified Cohabitants:

• Widow, Widowers Widow’s, Widower’s and Surviving Civil Partner’s (Non-Contributory) Pension
• Widowed or Surviving Civil Partner Grant
• Death Benefit Scheme under the Occupational Injuries Scheme

Backdating the Bereaved Partner’s (Contributory) Pension

The payment of Bereaved Partner’s (Contributory) pension was extended to Qualified Cohabitants, with effect from the date of the O’ Meara Supreme Court judgment, being 22 January 2024. If a partner died before this date and the Qualified Partner qualifies for the scheme, their payment will be backdated to 22 January 2024.

Individuals will have six months from the date that the Act was signed by the President, 21 July 2025, to apply for backdated payment. If an application is not made within this period, the maximum backdating of the payment that will be available will be six months from the date of application.

Events that stop payment

If a bereaved partner remarries or starts to cohabit with someone else, the Bereaved Partner’s (Contributory) Pension is no longer payable. It should also be noted that if an applicant for the scheme divorced or had their civil partnership dissolved prior to the death of their spouse or civil partner, they will not be entitled to Bereaved Partner’s (Contributory) Pension. Similarly, payment is not permitted if the applicant has lived apart from and was not in an intimate and committed relationship for a period of at least two years immediately before the death of the partner. A relationship may continue to be classed as “intimate” even if not sexual.

Conclusion

The Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025 has introduced some welcomed changes for Qualified Cohabitants in Ireland, significantly amending the pensions landscape.

For specific advice as to how this decision might affect you, contact our Employment Law & Benefits team.

The content of this article is provided for information purposes only and does not constitute legal or other advice.

[1] John O’ Meara & Ors v The Minister for Social Protection Ireland and The Attorney General