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The following was reported in the media on 20 January 2026.  The extract below is taken from the Irish Legal website.

The High Court has determined that the failure of the Civil Service Spouses’ and Children’s Contributory Pension Scheme to provide an unmarried cohabitee with a spouses’ pension is incompatible with Article 40.1 of the Constitution.  Delivering judgment for the High Court, Mr Justice Cian Ferriter determined that the statutory objective of the Civil Service Spouses’ and Children’s Contributory Pension Scheme is to provide a benefit to a surviving life partner to meet the financial support which would have been provided by the member when alive, and for that purpose, “there is no difference in social function between a surviving spouse/civil partner and a surviving qualified cohabitant of the member”.

The full article by Gillian O’Hanlon BL on the Irish Legal website can be read by following the link below.

High Court: Failure of pension scheme to provide unmarried cohabitee with spouses’ pension is unconstitutional | Irish Legal News

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