Benefits entitled to after a partners death

[lady17]

I have a friend.
She has a partner and they have a young child together.

They are all living together in the house he owns. He bought the house before he met her due to an inheritance and he has no mortgage. Her name is not on the deeds of this house.

My friend has a full time job with an adverage wage and they both contribute to the house hold bills, house maintenance and childcare costs ect. His earnings are considerably higher than hers.

They are not married. I know he has some underlying health issues and has not been well recently.
If he died what benefits would my friend be entitled to?

 

[irbx]

Ring citizens advice to confirm as very complex area.

Social welfare. It's limited to single parents I believe. As their not in married/civil partnership. No pension or tax reliefs apply.

Revenue side . As strangers in their eyes any assets transferred/willed to you friend will taxed as strangers class C so everything over 16k will taxed at 33%. If no will made assets go to Child class A threshold is 335K anything over this is taxed at 33%.

To make things simple and qualify for widowers pension and reliefs etc a paper marriage/civil partnership will resolve these issues. If underlying medical condition might be able speed up the process with registration office.

 

[Early Riser]

They are not married. I know he has some underlying health issues and has not been well recently.
If he died what benefits would my friend be entitled to

There is an ongoing court case that seems relevant this - currently on appeal before the Supreme Court. And, perhaps, a referendum:

"The public might soon be asked to vote via referendum on the constitutional definition of a family contained in article 41, the Attorney General has told the Supreme Court.....
Article 41 recognises the family as the “natural primary and fundamental unit group of society”, while 41.3 contains the phrase “marriage, on which the family is founded”.
The appeals brought by John O’Meara and his children, of Toomervara, Nenagh, Co Tipperary, concern the Minister for Protection’s refusal to grant him the Widower’s (Contributory) Pension following the death of Michelle Batey, who was his partner of more than 20 years and the children’s mother".....

Irish public may soon be asked to vote on definition of the family, AG tells Supreme Court

Citizens Assembly recommended in mid-2021 that article should be amended to protect family life beyond ‘marital family’

www.irishtimes.com

Also:

Supreme Court to hear appeal from deceased woman’s partner who wants widower’s pension

Judges said the challenge by John O’Meara and his children raises points of public importance in area of social welfare law

www.irishtimes.com

 

[DannyBoyD]

Simplest solution is to get married.

 

[NoRegretsCoyote]

@lady17 - In addition to the useful advice above if he passed away she could apply under the Redress Scheme for Cohabiting Couples if criteria are satisfied. See below.

A financially dependent cohabitant may be able to apply to the courts for provision to be made for you from the estate of your deceased partner if the relationship ends as the result of death or otherwise. This is known as the redress scheme for cohabiting couples. If you get redress by a court under this scheme, you may be exempt from paying Capital Acquisition Tax.

Qualified cohabitant​

In order to apply for redress you must be a qualified cohabitant, that is, you must have been:

• Living with the person for at least 5 years in an intimate and committed relationship or
• Living with the person for 2 years in an intimate and committed relationship if you have had a dependent child with your partner

If you do qualify to apply under the redress scheme, you still may not be entitled to any provision or share of your partner’s estate if they die. Much will depend on the financial relationship between you and your partner, each partner’s financial circumstances, whether your partner was still married or had children and the size of the estate your partner leaves.

Use of above is likely to be expensive, stressful, uncertain, and time-consuming.

Your friend and her partner should both makes wills tomorrow and ideally get married as soon as possible. She would inherit his estate tax free without any question marks. She would also receive any survivors' benefits available as well without dispute.

 

[irbx]

@lady17 - In addition to the useful advice above if he passed away she could apply under the Redress Scheme for Cohabiting Couples if criteria are satisfied. See below.



Use of above is likely to be expensive, stressful, uncertain, and time-consuming.

Your friend and her partner should both makes wills tomorrow and ideally get married as soon as possible. She would inherit his estate tax free without any question marks. She would also receive any survivors' benefits available as well without dispute.

As above very easy to get married in registration office without all the fanfare with 3 months notice this can waved by judge if 3 months is not possible. Think medical grounds might get this waved. They don't have tell anyone and hopefully if her partner gets better they can celebrate it later noone will be the wiser. But if the worst was to happen to makes things very straightforward and makes very stressful time a little easier.

 

[irbx]

As above very easy to get married in registration office without all the fanfare with 3 months notice this can waved by judge if 3 months is not possible. Think medical grounds might get this waved. They don't have tell anyone and hopefully if her partner gets better they can celebrate it later noone will be the wiser. But if the worst was to happen to makes things very straightforward and makes very stressful time a little easier.

You apply to circuit family court for exemption to 3 month rule on health grounds. It informal process no lawer is needed. I did that myself and it was just meeting with the judge in office with both parties. explaining why and why it was in interst to get married. order was issued their and then.

Again citizens advise is your and friends first port of call

 

[Laughahalla]

It can cost very little to get married and it offers so much certainty to the family. The fee for registering the marriage is zero so you could do the whole thing for a couple of hundred euro.