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Dáil
‹ An tOrd Gnó - Order of Business

Widowed parent's allowance ruling

Summary

Deputy Brendan Howlin raised the UK Supreme Court ruling on cohabitees and widowed parent's allowance. The Minister said the Government would reflect on it, though the ruling applies to the UK jurisdiction.

The UK Supreme Court ruled at the end of August that the exclusion of cohabitees from claiming widowed parent's allowance was discriminatory on the basis of marital or birth status.

Siobhan McLaughlin and her partner whom she never married lived together for 23 years and had four children together. The widowed parent's allowance in Northern Ireland is payable to widowed men and women with dependent children. In spite of Siobhan McLaughlin fulfilling the required conditions and her partner having made the necessary contributions to the UK authorities, her application was refused. The courts in Ireland may now interpret the paramount interests of the child under the European Convention on Human Rights in the same way as the Supreme Court in the United Kingdom. Has the Government considered this important ruling and does it plan to change the relevant law here to ensure the rights of citizens are fully compatible with the European convention?

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Regina Doherty Minister for Employment Affairs and Social Protection Fine Gael

The Government will reflect on the ruling in the United Kingdom, but it is a ruling that affects that jurisdiction. Our laws are different. However, we are reflecting on the ruling and will make a decision on the matter.

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