Activists welcome welfare decision for gay couple

GAY rights campaigners have welcomed a landmark decision by the Government to financially assist a gay man who was refused welfare payments while caring for his terminally-ill partner.

The Equality Authority said the case highlighted the inequities of the welfare system which would automatically have paid the man if he was in a heterosexual relationship.

The payments were made through the Department of Social and Family Affairs on a “ex gratia” basis, meaning it was not legally obliged to do so, and it said the decision would not set a precedent for other same-sex couples in similar situations.

Niall Crowley, chief executive of the Equality Authority, however, said the case showed that the department could use discretion in making payments and he called for the same approach to be taken in similar cases involving same sex couples.

Ultimately, he said, the Government should remove the discretion and replace it with a firm right. “This case captures just how difficult the situation for gay and lesbian couples can be in terms of partnership rights,” 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.”

The unnamed man took unpaid leave from his employment to care for his partner of 17 years who is unable to work because of his illness and has a life expectancy of less than two years.

He applied for an increase in his partner’s invalidity pension under the Adult Dependent Allowance Scheme as he was now without a wage but the department refused his application in March last year.

The man appealed the refusal and also lodged a complaint with the Equality Tribunal, claiming discrimination under the Equal Status Act. On foot of the Tribunal’s inquiries, the department gave in and agreed to pay the allowance, backdated to March 2005.

The couple said they suffered significant stress on account of the department’s initial refusal. They said this interfered with the necessary care of the ill man and forced his partner to return to work.

In a statement yesterday, the couple welcomed the outcome of the case but said the Government should bring in civil partnership legislation without delay.

“We didn’t take this case just for ourselves but in the hope that it will benefit other same sex couples. We pay our PRSI and income tax just like other couples.”

The case was decided as the High Court hearing continues into a case taken by lesbian couple, Katherine Zappone and Ann-Louise, who are asking for their Canadian marriage to recognised here so that they can be treated the same as a heterosexual couple for tax purposes.

A working group set up by the Government is currently considering proposals for legally recognised civil partnership but Fine Gael accused the coalition of foot-dragging on the issue.

“The fact that this couple had to go to the Equality Tribunal proves that same-sex couples are still treated as second class citizens,” said Senator Sheila Terry.