John O’Meara wins Supreme Court challenge over widower’s pension

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

John O’Meara won his challenge over the widower’s pension at the Supreme Court on 22 January 2024, after the court ruled he was entitled to the payment despite not being married to his partner.

The seven-judge court unanimously held that the law’s exclusion of O’Meara, as a parent of the couple’s children, was unconstitutional. It said the distinction between married and unmarried surviving parents was arbitrary and capricious.

O’Meara’s partner, Michelle Batey, died in 2021 after contracting Covid-19. The couple had three children, and the High Court had rejected their challenge before the Supreme Court appeal.

The court said legislation would be needed to give effect to its decision. The Government said it was considering the required legislative changes.