Courts / Tipperary / Report
Man not entitled to widower's pension after death of partner of 20 years
Summary
In a High Court judgment, Mr Justice Mark Helsin dismissed a challenge by John O'Meara and his three minor children to the Minister for Social Protection's refusal to grant them the Widower's Pension. O'Meara's partner, Michelle Batey, died of Covid‑19 after a 20‑year relationship, but the court held that the pension is only payable to those who were married or in a formal civil partnership with the deceased. The judge rejected claims that the 2005 Social Welfare Consolidation Act's exclusions amounted to discrimination, stating that the decision of who is entitled to the pension is a matter for the Oireachtas, not the court. O'Meara had applied for the pension in April 2021, but the Minister's refusal was upheld, and the judicial review was dismissed. The case clarified that the pension is not a benefit for children or for cohabiting partners.
Who, what, where, when and why
What: Report matter: Man not entitled to widower's pension after death of partner of 20 years. Charges or matters: challenge over a refusal by the Minister for Social Protection to grant him the Widower's Pension. Procedural stage: hearing_or_decision
When:
- January 31, 2021 Hearing Or Sentence
- December 2020 Other
- April 2021 Other
- 2022-10-07 Publication
Why: In their action, Mr O'Meara and his 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 discrimination. CNI source report
Case subjects
Applicant
Charges: challenge over a refusal by the Minister for Social Protection to grant him the Widower's Pension (Alleged Or Contested)
Places mentioned
Topics
Related court reports
- Pair who drugged teen and tried to rape him get 10 years
- Dundon-McCarthy gunman gets 15 years for fatal shooting of Noel Campion
- Dundon-McCarthy gang associate who fatally shot Noel Campion told multiple people he'd killed a man
- 'Lenient' sentence upheld for dangerous driver who caused 'devastating' harm to five-year-old
- Mouse infestation at Homesavers took three hours to clean up each morning, manager alleged
- 'Very unsettling': Traveller family bring case over 'wretched' living conditions
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request