The court ruled just over a year ago in John O’Meara & Ors v The Minister for Social Protection, Ireland and the Attorney General [2024] IESC 1 that the blanket exclusion of unmarried cohabitating partners from the pension scheme is unconstitutional.

The new legislation will extend access to unmarried couples with children who lived together for at least two years, and unmarried couples without children who lived together for at least five years.

Contributory pension payments will be backdated to the date of the Supreme Court judgment on 22 January 2024.

Access will also be provided for qualifying cohabitants to the bereaved parent’s grant and the bereaved partner’s non-contributory pension.

Social protection minister Dara Calleary said: “I am delighted to have secured approval to publish the Social Welfare (Bereaved Partner’s) Bill.

“Once enacted, this legislation will provide surviving qualifying cohabitants with access to the bereaved partner’s contributory pension. This is an important financial safeguard for individuals and families who are grieving.

“The loss of a loved one does not discriminate between those who are married or those that lived together in committed relationships. The Supreme Court recognised that such distinction was unequal when it came to the widower’s contributory pension.

“With this legislation, we will ensure that a significant financial support is available to grieving partners equally.

“I would like to acknowledge the O’Meara family, whose loss of a mother and partner led to the legal challenge that ultimately overturned the law.”