{"id":356067,"date":"2025-08-19T06:01:15","date_gmt":"2025-08-19T06:01:15","guid":{"rendered":"https:\/\/www.europesays.com\/uk\/356067\/"},"modified":"2025-08-19T06:01:15","modified_gmt":"2025-08-19T06:01:15","slug":"fresh-challenges-to-states-refusal-to-further-backdate-bereaved-partners-pensions-the-irish-times","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/uk\/356067\/","title":{"rendered":"Fresh challenges to State\u2019s refusal to further backdate bereaved partners\u2019 pensions \u2013 The Irish Times"},"content":{"rendered":"<p class=\"c-paragraph paywall \">The Government faces a challenge under equality laws to further backdate social welfare payments to bereaved partners who were denied pension entitlements because they were unmarried. <\/p>\n<p class=\"c-paragraph paywall \">In July, a new law came into effect that opened up the existing widows and widowers pension to some bereaved unmarried partners. Payments will be backdated only as far as January 2024, which is when the Supreme Court ruled in favour of Co Tipperary father-of-three Johnny O\u2019Meara in his challenge to the State\u2019s decision to refuse him a Widower\u2019s Contributory Pension.<\/p>\n<p class=\"c-paragraph paywall \">Mr O\u2019Meara and his three children had been denied the social welfare payment after losing his long-term partner and their mother, Michelle Batey. They were deemed ineligible because Mr O\u2019Meara and Ms Batey had not been married. <\/p>\n<p><img decoding=\"async\" data-chromatic=\"ignore\" alt=\"John O'Meara, pictured with his children Aoife, Jack and Tommy, won his Supreme Court appeal over being refused the Widowers' Contributory Pension. Photograph: Collins Courts\" class=\"c-image\" loading=\"lazy\" src=\"https:\/\/www.europesays.com\/uk\/wp-content\/uploads\/2025\/08\/EU2VX5AJUMITJFAG2XCCSXELI4.jpg\"   width=\"400\" height=\"504\"\/>John O&#8217;Meara, pictured with his children Aoife, Jack and Tommy, won his Supreme Court appeal over being refused the Widowers&#8217; Contributory Pension. Photograph: Collins Courts <\/p>\n<p class=\"c-paragraph paywall \">The Bereaved Partners Bill followed the Supreme Court ruling in Mr O\u2019Meara\u2019s case. Since July 21st, the pension has been extended to bereaved partners who were in a relationship of at least two years with the late parent of their child. If they had no children, they must have been with their late partner for at least five years.<\/p>\n<p class=\"c-paragraph paywall \">Under the law, those who lost their partner before the O\u2019Meara judgment will only have their social welfare payments backdated to January 2024. In Mr O\u2019Meara\u2019s case, his payments were backdated to his application for the Widows Pension.<\/p>\n<p class=\"c-paragraph paywall \">At least two women who lost their partners are now seeking to challenge the State\u2019s refusal to backdate their payments. Una Dunphy was refused the Widow\u2019s Pension in 2009, after her long-term partner Nicky O\u2019Connor died following an accident. Mr O\u2019Connor and Ms Dunphy shared six children together and were in a relationship for 13 years. <\/p>\n<p class=\"c-paragraph paywall \">Ms Dunphy said she is taking a case to the Workplace Relations Commission against the Department of Social Protection over the social welfare payments she claims she was wrongly denied. <\/p>\n<p class=\"c-paragraph paywall \">Ms Dunphy said some of her children are now over the age of 18 and never benefitted from the support payment the family should have been offered. <\/p>\n<p class=\"c-paragraph paywall \">In her complaint under the Equal Status Act, Ms Dunphy cites Mr O\u2019Meara\u2019s Supreme Court victory, saying: \u201cThe same Constitution applied to my application in 2009, and the refusal should now also be quashed and damages paid to my family for the failure of the Department of Social Protection to protect us from poverty and avail of an acceptable quality of life.\u201d<\/p>\n<p class=\"c-paragraph paywall \">In June, the Workplace Relations Commission confirmed to Ms Dunphy that her case can proceed as the alleged discrimination is ongoing. <\/p>\n<p class=\"c-paragraph paywall \">One other bereaved partner is considering taking the case. The woman, who spoke to The Irish Times on condition of anonymity, said she did not want to yet go public due to her role in the civil service. <\/p>\n<p class=\"c-paragraph paywall \">The Department of Social Protection said it \u201cdoes not comment on individual cases or claims\u201d.<\/p>\n","protected":false},"excerpt":{"rendered":"The Government faces a challenge under equality laws to further backdate social welfare payments to bereaved partners who&hellip;\n","protected":false},"author":2,"featured_media":356068,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3093],"tags":[51,474,679,2499,16,15],"class_list":{"0":"post-356067","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-personal-finance","8":"tag-business","9":"tag-finance","10":"tag-irish-politics","11":"tag-personal-finance","12":"tag-uk","13":"tag-united-kingdom"},"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@uk\/115053912938972405","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts\/356067","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/comments?post=356067"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts\/356067\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/media\/356068"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/media?parent=356067"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/categories?post=356067"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/tags?post=356067"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}