Courts / Tipperary / Report
Supreme Court to hear challenge to widower's pension refusal
Summary
The Supreme Court has agreed to hear a direct appeal by John O'Meara and his three children against the Minister for Social Protection's refusal to grant them the Widower's Pension. O'Meara's partner, Michelle Batey, died of Covid‑19 in January 2021 after a 20‑year cohabitation. The applicants argued that sections of the 2005 Social Welfare Consolidation Act that exclude non‑married partners from the pension amount to discrimination. The High Court, in a decision by Mr Justice Mark Heslin, rejected the claim, stating that the pension is intended for married spouses or formal civil partners and does not apply to cohabiting couples or children. The Supreme Court panel, comprising Mr Justice Peter Charleton, Mr Justice Seamus Woulfe and Mr Justice Maurice Collins, granted leave to hear the appeal, noting that it raises complex issues of public importance, including the constitutionality of the Act and the purpose of the pension. A hearing date will be set later.
Who, what, where, when and why
What: Report matter: Supreme Court to hear challenge to widower's pension refusal. Procedural stage: hearing_or_decision
When:
- January 2021 Other
- December 2020 Other
- April 2021 Other
- 2023-02-21 Publication
Why: 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 amounted to a discrimination. CNI source report
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