The decision to pay nearly €10,000 to a man refused a social welfare payment to care for his sick gay partner will not create a precedent, the Government insisted last night.
Minister for Social and Family Affairs Séamus Brennan sanctioned the payment following the Equality Authority's decision to challenge the department's initial rejection.
The claimant, who is suffering from cancer, cannot work and is expected to live for less than two years, receives an invalidity pension and has paid tax and pay related social insurance in the Republic.
His partner took unpaid leave from his full time job to care for him, and applied for an adult dependant allowance on the claimant's pension - which is available to married and unmarried heterosexual couples.
Last night, the Department of Social and Family Affairs said an ex-gratia payment had been made, though a weekly dependant allowance would not be paid going forward because the carer had gone back to work.
However, the couple, speaking on condition of anonymity last night, said they had been told they would qualify if the carer stopped working again to care for the claimant.
Equality Authority chief executive Niall Crowley, who was prepared to challenge the Government before the Equality Tribunal, said the department had now accepted that dependent allowances could be paid in such circumstances.
"There is nothing to stop them from reapplying for the allowance. The fact is that the department has shown that they can do this, even if they said that the payment has made without prejudice," he added.
The department refused the original application on March 10th last year. This was appealed and a complaint was lodged with the tribunal under the Equal Status Acts.
Backing down, the department, in a letter to the claimant, said that "having considered the circumstances of your situation", it had decided to treat his partner on the same basis as the category of people covered by the rules in force.
Though they wish to remain unidentified, the couple issued a short statement last night through the Equality Authority: "As a couple who have been together for 17 years, we welcome the Government's decision to pay adult dependent allowance in our case. 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. While the decision on adult dependent allowance responds to our immediate needs, we also ask our Government to grant us an entitlement to contributory widow's pension. In our view the Government should bring in legislation introducing civil marriage without delay."
Mr Crowley said the case establishes "an important recognition for same-sex couples and their relationships" and highlights the difficulties facing those dealing with illness.
An expert group investigating the legal options open to the Government to recognise same-sex couples is to report later this month to Minister for Justice, Equality and Law Reform Michael McDowell.
Up to now, Mr McDowell has favoured legal recognition for same-sex unions or civil partnerships, stopping short of putting such unions on the same footing as marriage.
Fine Gael called for "fast-track" legislation: "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.
