Tipperary TD stands with 'brave' O'Meara family in fight for equal pension rights

Tipperary TD Alan Kelly has said that he is "hopeful" of a positive High Court decision on those who are entitled to a widow's or widower's pension, following a case taken by Toomevara man Johnny O'Meara.

Johnny's partner of 20 years Michelle Batey died tragically from breast cancer on January 31, 2021, before they could marry.

The High Court case was heard on July 5 and 6 and Justice Heslin reserved his judgment on the matter until after the summer.

"I sat with Johnny O’Meara in the High Court for the case he is taking with the support of TREOIR fighting for the rights of co-habitating couples to be entitled to a widow's / widower's pension," said Deputy Kelly.

Couples living together may not realise they have no rights to a survivor pension when their partner dies and as a consequence Johnny felt the need to take this case on behalf of his children, Jack, Thomas and Aoife following the passing of Michelle, he said.

"In recognition of this situation, I along with my colleagues in the Labour Party brought forward a Bill to extend this entitlement to such couples. My colleague Mark Wall introduced it in the Seanad," said Deputy Kelly.

Mr O'Meara, a self-employed contractor and his partner Michelle Batey worked with AIB and both paid their taxes as a couple, Deputy Kelly pointed out.

They had plans to get married after she had recovered from breast cancer, but she sadly Michelle died after contracting Covid-19. Because they weren’t married, Johnny wasn’t entitled to a pension or the €8,000 grant provided to anyone with dependent children after the death of a married partner.

"I believe that Johnny is being discriminated against. It is totally unfair," said the Labour Party TD.

He said that his party's Bill would make surviving cohabitants eligible for a widow / widower’s contributory pension.

"There are an estimated 150,000 cohabiting couples in Ireland, and the concept of family has changed. It's time to bring Ireland into the 21st century.

"We want all families to be treated fairly, whether married or not. This issue is experienced by a huge number of people – the 2016 census showed there are over 75,000 cohabiting couples in Ireland with child dependents," he said.

Deputy Kelly said that there were already contradictions in how such couples were treated.

For example, a couple will have both incomes assessed in a means test for a social assistance payments such as Jobseeker’s or Carer’s Allowance. Yet there wasn’t any entitlement to contributory payments like the widower's pension when one of them died.

Cohabiting also had an impact on State payments and supports, including medical cards and mature students going back to college. A cohabiting couple cannot claim or transfer unused tax credits between themselves and there can also be an inheritance tax burden when a partner dies.

"Yet, some laws don’t discriminate. For example, the Affordable Housing Act provides for equal treatment for cohabiting couples to qualify for the purchase of an affordable dwelling if they plan to live together, so cohabitation is recognised for some laws but not for others.

"This is totally contradictory and discriminatory. It’s time the law caught up with modern family life.

"I want to thank Johnny, Jack, Thomas and Aoife for the brave stance they have taken, and I will continue to support them in this fight until this injustice is corrected," said Deputy Kelly.