Gay couple win landmark benefits legal case

A gay couple have won a landmark case against the state to be treated as partners for the purpose of benefits payments, it was…

A gay couple have won a landmark case against the state to be treated as partners for the purpose of benefits payments, it was announced today.

The Equality Authority - who fought the case for the pair - urged the Government to introduce same-sex civil partnerships following the policy u-turn.

The action was taken against the Department of Social and Family Affairs for refusing an adult dependent allowance to a man caring for his terminally ill partner. The sick man has a life expectancy of less than two years and is in receipt of invalidity pension.

His partner took unpaid leave from his full-time paid employment to take care of the claimant and was refused the adult dependent allowance, which unmarried heterosexual couples can claim.

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After the Equality Authority intervened, the Department agreed to make an ex-gratia payment in respect of the adult dependent allowance, including arrears.

Niall Crowley, CEO of the Equality Authority, said the outcome of the case reflected an important recognition for same sex couples and their relationships.

"The case highlights the difficult and stressful situations that arise for gay and lesbian people in the absence of a legal recognition for their relationships," he said.

"There is an urgent need to address this inequality and to accord a legal recognition to same sex couples on a par with heterosexual couples."

Mr Crowley added: "The Government now needs to provide a comprehensive recognition for same-sex couples through legislation that provides for civil marriage for same-sex couples."

The judgement comes as two women are seeking before the High Court to have their marriage recognised under Irish law.

Drs Katherine Zappone and Ann Louise Gilligan, who married in Canada in September 2003, argue that the state has acted unlawfully in refusing to recognise their marriage and to apply tax provisions relating to married couples.

Gay equality and support groups welcomed today's decision.

"What this case underlines is the importance of granting legal recognition to same-sex couples and what can happen in the absence of such recognition," said Adam Long of GLEN - the Gay and Lesbian Equality Network.

"The couple suffered unnecessary stress on top of already having to deal with a difficult situation, and we are glad that the matter has now been resolved in a satisfactory manner.

"The Government was correct to reverse its original decision denying this couple access to adult dependence allowance, and in doing so have recognised the right of same-sex couples to be treated in a fair and equal manner."