Family Rights Organisations join call to remove proposed reductions to the social welfare entitlements of divorced and separated lone parents from the Bill which will give effect to the O’Meara judgment; the legislation will undergo Committee Stage tomorrow

24 June 2025

Treoir and One Family have backed FLAC’s call for the Bereaved Partner’s Pension Bill 2025 to be amended to delete its proposals to remove the entitlement of people who are divorced or separated to a survivors’ pensions if their former partner dies (such entitlement has been in place for almost 20 years). The groups are strongly concerned at the impact these measures will have on lone parents and their children who were reliant on maintenance from a former partner.
The Oireachtas Social Protection Committee will undertake Committee State consideration of the 2025 Bill tomorrow morning (25 June at 9:30am). The Minister for Social Protection, Dara Calleary TD, will appear before the Committee.
FLAC appeared before the Committee last week to outline its amendments to the Bill which have been tabled for consideration tomorrow.

FLAC Chief Executive Eilis Barry has written to members of the Oireachtas Social Protection Committee today to inform them that “two national organisations which are concerned with the rights of lone parents, Treoir and One Family, have endorsed FLAC’s amendments [toBereaved Partner’s Pension Bill 2025] and are joining us in asking the Joint Committee to adopt them. These organisations have first-hand experience of the discrimination and disadvantage that lone parents often encounter in Ireland.” She added:

“The death of a divorced or separated partner can still bring about a financial loss for families. The [2025 Bill] should be concerned with addressing that financial impact and no group of families should be arbitrarily excluded from the safety-net it provides.

The O’Meara judgment [in which FLAC represented the O’Meara family] is, at its core, about equality between families. The provisions in the 2025 Bill concerning cohabiting families will have a significant positive impact for couples and families who, like the O’Meara family, suffer a bereavement and the emotional and financial impact that that inevitably entails. These provisions go beyond what is strictly required by the O’Meara judgment, and extend entitlement to bereaved cohabitants who do not have children. This compassionate and generous ‘levelling-up’ approach should be taken throughout the entire Bill.”

Treoir CEO Damien Peelo commented today:

“The Supreme Court’s ruling in the O'Meara case was a powerful affirmation that children should not be penalised for their parents’ marital status. It corrected a clear injustice in our social welfare system. However, the proposed Bereaved Partner’s Pension Bill risks replacing one inequality with another by excluding parents who are divorced or separated, including those who are supporting their child either financially or emotionally. This is a moment to extend compassion and support to all bereaved families, not to narrow the scope of protection. Any parent who has provided consistent financial or emotional support to their child should be recognised. Grieving children deserve equal treatment, regardless of their parents’ relationship status.”

One Family CEO Karen Kiernan commented:

“Only a very small number of people who were divorced or separated claim a survivor’s pensions in respect of their dependent children each year. These families may have been reliant on maintenance payments from a deceased former partner and the scheme is designed to ensure that this financial impact is addressed. We see no basis for removing their entitlement. It is highly concerning that the potential financial impact the 2025 Bill could have on this group does not seem to have been considered by the Department in what is otherwise a very positive piece of legislation.”

ENDS.

Notes:

FLAC (Free Legal Advice Centres) is an independent legal, human rights and equality organisation, which exists to promote access to justice. It provides early and preventive legal assistance through a Telephone Information & Referral Line and Telephone Legal Advice Clinics. As an Independent Law Centre, FLAC takes on a number of cases in the public interest each year, and operates a Roma Legal Clinic and Traveller Legal Service. The organisation makes policy recommendations in relation to social welfare law, equality and anti-discrimination law, housing law, human rights and access to justice. This includes policy reports and submissions to national and international bodies, including Oireachtas Committees and human rights monitoring bodies.

Treoir is a free information service for parents who are not married to each other, their children, and anyone supporting them. In 1976 various agencies working with unmarried parents formed a federation to channel efforts to improve the quality of the services provided to unmarried parents and their children. Treoir is still a membership organisation. It works to promote the rights and best interests of unmarried parents and their children through: providing specialist information; raising awareness on issues affecting unmarried parents, and; campaigning for change.

One Family is a specialist service provider for people living in one-parent families. It works to capture the experiences of service users into policy positions so it can deliver social policy and legislative improvements for families. One Family works with individuals and families from diverse backgrounds who may be parenting alone, sharing parenting, separating, step-parenting or experiencing an unplanned or crisis pregnancy.