Tipperary man's failed High Court challenge on cohabiting couples met with disappointment

A High Court ruling that a Toomevara man is not entitled to any State assistance for his family following the death of his long-term partner has been greeted with disappointment.

Johnny O’Meara’s long term partner Michelle Batey died in January 2021, and as they were not married, it meant their family were excluded from accessing benefits despite both having many years of PRSI contributions.

Mr O’Meara, with the support of FLAC and Treoir, took a High Court challenge to fight for recognition of his family and highlight flaws in the Social Welfare Act that excludes a surviving cohabitant from eligibility for a widow’s contributory pension and other payments made when a married partner dies.

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.

The High Court case was heard on July 5 and 6 and Justice Heslin reserved his judgment, which was issued last week.
Johnny’s partner of 20 years Michelle died tragically from breast cancer having contracted Covid-19 on January 31, 2021, before they could marry. They had intended marrying when she had recovered from her cancer.

Following the High Court decision in O’Meara versus Minister for Social Protection, Labour TD for Tipperary Alan Kelly has called for Minister Humphreys to change the law by backing Labour Party legislation to provide legal recognition for cohabiting couples in the social protection system starting with access to survivor pensions.

The party published a bill a year ago that would change the law so that a surviving cohabitant is eligible for a widow / widower’s contributory pension.

“I know this judgment will be a disappointing outcome for Johnny O’Meara and his family, but he took an important case to the High Court, supported by Treoir and FLAC, to fight for recognition of his family and highlight flaws in the Social Welfare Act. As they were not married, it meant their family were excluded from accessing benefits despite both having many years of PRSI contributions,” he said.

Mr O'Meara works as a elf-employed contractor and Michelle worked with AIB.

“The judgment makes clear that a change in this area requires a policy decision, so the power to address this rests with the Oireachtas, so we are calling on the Minister for Social Protection to support our Labour Party Bill,” said Deputy Kelly.

He pointed out that the concept of family had changed and said it was time to bring Ireland into the 21st century.

“All families should be treated fairly whether they are married or not. The judgment is not the end of our campaign,” he said.

Deputy Kelly said that the last census showed that there are over 75,000 cohabiting couples in Ireland with child dependents - a figure that was likely to be even greater when further Census 2022 results are revelaed in the coming months.

“Labour drafted a bill to protect families in situations like Johnny O’Meara. Cohabiting couples should be entitled to State supports, like a married couple. Despite working hard all their lives, paying their taxes and PRSI, Johnny was not entitled to a survivor’s pension or other payments such as the €8,000 grant provided to a widower with dependent children after the death of a married partner,” he pointed out.

Deputy Kelly said that the lived reality of modern Ireland was that many couples will choose not to get married, but, unfortunately, our laws and supports had not caught up with the way people lived their lives.

“There is a huge gap in our social protection system and it’s time to act to change it,” he said.

Some laws don’t discriminate and the recent Affordable Housing Acts 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, said Deputy Alan Kelly this week.