Social Welfare Consolidation Act 2005 section 123A

Qualified cohabitant

Section 123A defines who qualifies as a "qualified cohabitant" for the purposes of the bereaved partner's pension, setting out the duration requirements, the factors the Minister must consider, and the circumstances in which cohabitants living apart may still qualify.

• Two adults living together in an intimate and committed relationship for at least 2 years (if they have children together) or 5 years (if they do not) may be qualified cohabitants, provided they are not married to each other, civil partners, or within prohibited degrees of relationship.
• A person can also qualify if the relationship ended no more than 2 years before the death of their partner, or if they were still in the relationship at the date of death, even if they were living apart in certain permitted circumstances.
• The Minister must consider all relevant circumstances, including the duration of the relationship, financial interdependence, joint property ownership, whether the couple have children together, and the degree to which they presented themselves publicly as a couple.
• The Minister may make regulations specifying the documentary proof required to support a claim, and may also prescribe circumstances (such as residence in a medical institution) where periods of living apart are treated as periods of living together.