Dara Calleary
Mayo · Fianna Fáil · Ireland
“Agriculture is the backbone. We have all been in the Mansion House today, or everyone has said they were anyway. Energy security is key and crucial. Everybody wants energy security but nobody wants wind energy. We have to strike a balance and get a real discussion, but food security is most important.”
“While we have gaps there, we are addressing them. The Minister, Deputy Carroll MacNeill, has announced the minor injury units, which will take the pressure off major hospitals and ensure services are available.”
“Recent figures from the CSO show that there is a 5.8% increase in the number of people living in rural areas between 2016 and 2022. In areas classified as highly rural and remote, the increase was 6.4%.”
“Enterprise Ireland is investing in Irish-owned, Irish-founded companies. Similarly, 59% of IDA investments were located outside the Dublin region. We will continue to work, looking at the progress we can make through the IDA, Enterprise Ireland and, as Senator O'Loughlin said, through supporting our local enterprise offices.”
“That is something we do daily and they are used where is necessary. The plan will be supported by ambitious, clear, practical and measurable actions. I have spoken to some of the funding programmes available within my Department.”
“Táim tar éis cuairt a thabhairt ar gach ceantar Gaeltachta chun plé fairsing a dhéanamh leis na pobail sin chun a fháil amach uathu féin cén cineál tacaíochta ar féidir a chur ar fáil dóibh chun cabhrú leo. Táim chun leanúint ar aghaidh leis an obair sin sa bhuiséad le teacht agus na buiséid eile.”
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Every one of 2,162 lines we hold for Dara Calleary, in date order, each linked to its source. Free to read, in full, without an account. Page 43 of 44.
“Gabhaim buíochas leis an Teachta. Déanaim comhghairdeas leis as a bheith tofa agus ar a leanbh nua i gCill Dara. Comhghairdeas leis féin agus lena bhean chéile agus guím gach rath orthu. A newborn baby grant of €280 was announced in last year's budget to be paid to families of babies born on or after 1 December 2024. This grant is paid alongside, but in addition to, the first month's child benefit payment of €140, so parents of newborns will receive a total first payment of €420. This increased payment during the first month is an important recognition of the additional costs that accompany the birth of a child. The benefit is payable in respect of newborn babies from the month after birth.”
“Absolutely. Carers' work is extraordinary and there is also the benefit of having somebody remain at home. Leaving aside the financial sides of things, having somebody remain at home is much better for their long-term recovery and long-term living. In the context of budgetary discussions, we will review all the figures. I will engage with the carers' organisations but also with the committee on social protection, when it is established, and we will look at all those issues. I absolutely assure the Deputy, and all Deputies, that carers are a priority for me, and I will have very good and constructive engagement with them. It is a priority within the programme for Government that I intend to be focused on delivering.”
“Moreover, with the support of carers and following engagement with them and their representative organisations, the capital disregard was increased from June 2022, which allows carers to have capital of up to €100,000. I intend to engage with carers' groups and organisations regarding further supports and to engage with the Oireachtas committee on social protection in this space. I assure the Deputy this is a priority for me.”
“I absolutely acknowledge the work of carers, which we see at first hand, and that is why it is also important we acknowledge the extent of the improvements the previous Government brought in for carers over recent years. We introduced the long-term carer's contribution scheme in January 2024, which allows a person who has been a full-time carer for an incapacitated dependant for 20 years or more to use long-term carer's contributions to cover gaps in their contribution records, allowing them to qualify for a contributory State pension. As stated previously, we have also increased the income disregard and, as part of budget 2025, the carer's support was increased to €2,000, the highest rate it has ever been.”
“The reason we must phase that commitment is because we must manage the available resources to balance the objective of supporting carers with other priorities, including supporting other groups who are supported by the Department. The means test has significant cost potential but I have to balance that with other priorities. Nevertheless, I assure the Deputy and the House that carers are a priority. I very much value and appreciate the work they do, and this is a priority for the Government and for me, as Minister.”
“A number of significant improvements have been made to the income thresholds in the means test in recent years. Those thresholds, as I said to Deputy O’Reilly, have increased by 88% since 2022 and now amount to €625 for a single person and €1,250 for a couple. That means that a couple earning over €95,000 per annum would still qualify for a partial payment. Recognising the important work of family carers, the programme for Government commits to continue to increase the income disregards for carer's allowance in each budget with a view to phasing out the means test completely during the lifetime of this Government. The work that has been done with an increase of over 88% since 2022 gives a good indication of where we intend to go on that.”
“I thank the Deputy and congratulate him and welcome him back to the House. Carer’s allowance is an important income support for people who have caring responsibilities. That is clear from the fact that there are nearly 99,000 people in receipt of the payment and expenditure on the scheme in 2025 is estimated to be over €1.24 billion. In common with other welfare payments to people aged under 66 years the purpose of the payment is to provide an income support to people whose earning capacity is substantially reduced. In the case of other payments that may be because the person is ill or disabled or becomes unemployed. In the case of carer's allowance, it is to acknowledge the person cannot work full-time due to their caring duties and responsibilities.”
“The temporary scheme of paid leave for public health service employees was identified in the report my Department published in November 2023 as the appropriate channel to target specific supports for employees in our health services. That scheme is being dealt with by the Minister for public expenditure. He has extended it. I will bring the Deputy’s concerns to him about its future extension and maintenance and running.”
“My own Department has 78 people in receipt of illness benefit with a Covid-related certification. Covid-related claims account for 0.6% of all illness benefit claims that were awarded so far this year. As well as illness benefit, my Department provides an invalidity pension and a disability allowance scheme for those who cannot work due to an illness or disability. That includes those who have not recovered following a Covid-19-related illness. I do not have statistics for the number of persons on these schemes who are suffering from long-Covid as there are often multiple conditions in the application process. My Department is available to try to support people through the invalidity pension and through the disability allowance if that can be done.”
“I understand what people are going through with this condition. As a House, and as the Oireachtas, we should do more work on this condition and I look forward to working with the Deputy on that.”
“However, the Department of Social Protection's range of income supports, including illness benefit and invalidity pension, at the same or higher rates of payment as occupational injuries benefit, are available to people who cannot work due to the effects of long Covid. With specific reference to employees in the health services the report found that the temporary scheme of paid leave for public health service employees was the appropriate channel through which a targeted sectoral support should be considered. A temporary scheme is a matter for my colleague, the Minister for public expenditure. That scheme has been extended a number of times, most recently to conclude on 30 June 2025. Any employee remaining unwell after that date may utilise the full provisions of the public service sick leave scheme which will provide further support.”
“I thank the Deputy and congratulate him on his election. I look forward to working with him. In November 2023, the Department of Social Protection published a report on the inclusion of long Covid in the occupational injuries benefit regulations. This report concluded that Covid-19 did not satisfy the statutory criteria for recognition as an occupational illness or accident at work. Specifically, it found that presumptions about workplace transmission would not be sustainable as it is not possible to establish with confidence that the disease has been contracted through a person's occupation and not through community transmission. This is because the data that was available showed that community transmission was the primary means of transmission.”
“I would like to see it debated at the committee on social protection and, most importantly, would like to see a debate with the carers groups and the carers themselves around that report.”
“No one has an exclusive concern for carers. The last Government did a great deal of work in increasing the income disregard and the carer’s support grant. I intend to engage with all the carers organisations around that. I am very focused on the work they do and the burden they face on a daily basis. There is a commitment in the programme for Government that we will phase out the means test over the lifetime of the Government. I do not know where we will be this time next year or this time two years in relation to budgetary allocations. It is my intention to deliver on the programme for Government commitment in relation to carers that we will, over the course of five years, phase out the income disregard. On the Deputy’s other query about the report, I hope to receive that in the next few weeks and we will consider that.”
“I assure the Deputy and carers that carers will be a priority. As we negotiate our budget priorities each year, this commitment will be a priority.”
“We have been clear that we will increase the income disregards for carer's allowance in each budget. It is our intention to phase out the means test during the lifetime of this Government. We were clear on that in the programme for Government and I am clear on it as Minister for Social Protection. I value the work of carers, which is incredibly important, but I would be wrong to say we will do this by a certain date. We have five budgets. We will engage with the carers organisations as we prepare for the first budget, and with carers generally. I will engage with the Oireachtas committee on social protection, when it is formed, on this issue. This is a priority for me and the Government. I am confident that we will be able to fulfil our commitment, but budgets have to be negotiated each year.”
“That figure is based on existing claimants of carer's allowance who would qualify for a higher payment, plus existing recipients of domiciliary care allowance and the carer's support grant who would become eligible if the means test was removed. This also assumes new claim inflows remain unchanged. However, the cost stretches to a potential €3 billion per annum if everybody who self-declared as a carer in census 2022 was to qualify. Most important, I want to make progress but we have to make it in a way that is sustainable and that balances the allocation of the available budgetary resources each year across all priorities. That is why we have committed to a measured and phased approach over the five budgets we plan to deliver in the lifetime of this Government.”
“In July this year, the weekly income disregard for carer's allowance will increase from €450 to €625 for a single person and from €900 to €1,250 for carers with a spouse or partner. This amounts to cumulative increases to the disregards of €292.50 and €585, respectively, since June 2022, an 88% increase. As the Deputy said, the programme for Government sets out a timeline which commits to continue to increase the income disregards for carer’s allowance in each budget, with a view, subject to budgetary space, to ultimately phasing out the means test during the lifetime of this Government. This is a significant commitment, costing a minimum of €600 million per annum.”
“The carer’s allowance is the main scheme by which my Department provides income support to carers in the community. There are currently 98,311 people in receipt of carer's allowance. Expenditure on the scheme in 2025 is estimated at over €1.24 billion. The primary objective of the carer's allowance payment is to provide an income support to people whose earning capacity is substantially reduced. In the case of other payments to people aged under 66, this may be because the person is ill, disabled or becomes unemployed. In the case of carer’s allowance, it is to acknowledge that a person cannot work full-time owing to his or her caring responsibilities. We have made a number of significant improvements to income thresholds in the means test in recent years.”
“I do not want to create an expectation that the Department will not be able to meet. While I understand where people are at, our hands our tied to the 22 January 2024 judgment date. However, there are other supports that we may be in a position to make available to families in this situation and we will look at those. However, in relation to the specific payment and backdating, I am looking at 22 January 2024 as the judgment date. I would like to engage with people around this but people have been through enough without having to respond to a false expectation. If there are cases, we will look at them and at other potential supports.”
“I do not have that specific figure but I will seek to provide it to the Deputy. The analysis carried out by my Department anticipates that there will be 500 new cohabitant recipients expected annually in the initial years, with an annualised cost of approximately €50 million. It is difficult to predict those numbers with certainty. It is the Department's intention, once we have the legislation passed, to engage in an information campaign so that people who may not be aware of their entitlement will be made aware of it. We will give people the capacity to apply. I also acknowledge the work of the O'Meara family, who had to take this case amid their grief. I thank them for that work. I will engage with them, through Deputy Kelly, in the near future.”
“On the Deputy's specific query, we currently have 331 applications on hand. As we have just discussed, it is proposed within the general scheme of the Bill that payments will be backdated to the date of the judgment in January 2024 or, if later, the date of death. The specific number of claims we have at present is 331.”
“I congratulate the Deputy on his election to this House. I look forward to working with him. The State has always distinguished in a number of its laws between the rights of couples whose relationship is formalised in a marriage or civil partnership and the rights of other couples whose relationship is not formally registered. There was a backdrop to that in regard to succession, property rights and taxation. Since the Supreme Court judgment, we have been reflecting on the changes we need to make. We prioritised the drafting of necessary legislation, which underwent pre-legislative scrutiny by the previous joint Oireachtas committee on social protection. As I said, we will imminently bring a Bill to the Government. I will keep in touch with all Deputies in this regard. I acknowledge the work of Deputy Kelly in this area.”
“I would not like to create an expectation. I want to be very careful. People are going through enough without me creating false expectations. We will look at the kinds of cases involved and the figures to see whether there is some way forward. I do not have any flexibility regarding the date of backdating, which is the date of the judgment. However, I want to try to be flexible. People are going through a terrible enough journey without inflexibility adding to their burden.”
“I absolutely agree that grief does not distinguish, including in the circumstances we are discussing. Under the draft legislation, it is proposed that a person who becomes eligible for the scheme will be able to claim, irrespective of the date of death of his or her partner. It is also proposed that the claims will be backdated to the date of the judgment, which is 22 January 2024, that found the existing law to be inconsistent with the Constitution. Where the death preceded that date, it is not proposed to backdate payments prior to the date of the judgment. This approach reflects established principles on payments where provision is found to be unconstitutional. There are other supports available to people. If there are cases arising, I will deal with them with Deputy O'Reilly or any Deputy.”
“I will deal with the other issue the Deputy raised in our subsequent exchanges. I acknowledge the work of Deputy Kelly, in particular, and of Deputy Buckley, who have consistently raised this issue with me in the weeks since my appointment.”
“O'Meara from the category of persons entitled to benefit from it. The court reached that conclusion on the basis of the equality guarantee contained in Article 40.1 of the Constitution. The Supreme Court judgment notes that to resolve the issue raised by its judgment, a legislative amendment is required. In June 2024, the then Government approved the priority drafting of the legislative changes required. The general scheme of a Bill was referred to the Office of the Parliamentary Counsel, OPC, for priority drafting and to the joint committee on social protection. The draft legislation raised a number of complex issues that require the advice of the Attorney General. There is ongoing engagement. A stamped draft of the Bill has been received. I intend to bring it to the Government imminently in order to obtain approval for its introduction.”
“I congratulate the Deputy on her new role and wish her well. I look forward to working with all Deputies in my role in the Department of Social Protection. Under the law as currently enacted, entitlement to a widow's, widower's or surviving civil partner’s contributory pension is only available to a surviving partner who was party to a marriage or civil partnership. However, as the Deputy is aware, on 22 January 2024, the Supreme Court delivered its judgment on the entitlement of an unmarried cohabitant to a widow's, widower's or surviving civil partner's contributory pension. The Supreme Court judgment found in favour of the claimant, Mr. O'Meara, and his children. In simple terms, the court found that section 124 of the Social Welfare Consolidation Act 2005, as amended, is inconsistent with the Constitution insofar as it excluded Mr.”
“I assure the Senator I will continue to engage with him and the Seanad on the response and on building resilience in not just rural communities but urban ones. Generators are not necessarily going to be the answer to everything. It is not as easy as some people make it out to be. Irish Water has already made plans to acquire 100 generators in the immediate future. We will have a range of emergency hubs that are fully equipped and that can be stood up relatively immediately in response to the next challenge. We are making the funding arrangements and also the logistical arrangements for that as we speak and I will continue to keep the Seanad updated.”
“We are working to ensure we continue to support resilient and healthy communities. We have clearly seen the strength of these communities in how they responded to the recent challenges and I am committed to ensuring we help them to be ready for every future challenge.”
“I have asked officials to review schemes that are due to be launched over the coming weeks and months to ensure they are fully focused on the real needs of communities, be that the provision of generators, the refurbishment of existing community facilities or the development of new projects that will help ensure we continue to support strong, resilient and vibrant communities across the country. In this regard, I intend to open schemes such as CLÁR and the town and village renewal scheme in the coming weeks. I will also be announcing further details of funding for projects under the community centre investment fund. This will build on the announcement earlier this week that saw €14 million in funding awarded to 163 community-focused projects under the community recognition fund.”
“I have asked my officials to take full stock of the lessons we have all learned in recent weeks and to do so in consultation with our key partners, such as the local authorities. Central to this is the suite of investment schemes being implemented by my Department. For example, the Senator will be aware that in recent years funding has been provided for a small number of generators for community groups through LEADER and CLÁR. There is no reason such support cannot continue to be made available. One of the main advantages of the range of schemes run by our Department is flexibility. I have seen in recent years that these schemes can be been adapted to react to and anticipate emerging challenges and priorities.”
“I was very proud that many of the facilities that were visited have been supported by the Department of Rural and Community Development and the Department of Social Protection under schemes such as the community centre investment fund, CLÁR, LEADER and the local enhancement programme. I am anxious to ensure these facilities are supported to ensure they continue to be relevant at all times for every community. I have previously said the provision of generators to support communities during extreme weather events is an issue I feel strongly about. I am also of the view that we should be taking into account all the elements that any future emergency hub may require, be it power generation, digital connectivity or the provision of showering facilities, as well as food, catering, etc.”
“As Senator Daly said, the importance of community centres as a fulcrum for every community is crucial in good times and in bad. They are the glue that binds communities together. They provide vital social and economic services. We saw that at first hand in the immediate aftermath of the storm. Many community centres were repurposed as community emergency response hubs. I visited a number of these immediately after the storm, as did the Taoiseach, the Tánaiste and other Ministers. We saw at first hand how invaluable they were as an outlet for people facing very difficult circumstances. I thank all the local volunteers and the staff across all our local authorities who were central to the effort in standing those hubs up.”
“Gabhaim buíochas leis an gCathaoirleach agus leis na Seanadóirí. Déanaim comhghairdeas leis an Chathaoirleach, leis an Leas-Chathaoirleach agus leis na Seanadóirí nua atá tofa. I congratulate the Cathaoirleach, the Leas-Chathaoirleach and the new Senators. Excuse me not knowing a lot of your names but I will get to know you all. I also welcome back all the returning Senators. I thank Senator Daly for raising this important matter. Collectively, we saw the devastating impact Storm Éowyn had right across the country. We have worked tirelessly since to ensure the Government has taken on board the lessons learnt during those days and that comprehensive preparations are in place in anticipation of similar future weather events.”
“They will be learned and I look forward to working with Members from across the House in doing so. The humanitarian assistance scheme is still open and I am available to engage with Deputies on it.”
“We had sustained hurricane force winds right across the western seaboard. This led to a major impact on many communities. The initial focus of the Government was on safety and the protection of life and critical infrastructure. The focus for the last number of weeks has been firmly on the restoration of power and services, providing assistance to those most impacted and the vulnerable, and getting back to normal operations. Now that this phase is beginning to pass, we will look to the future and a future response that is more resilient to the kind of precedent that has been set by Storm Éowyn. In that context, it has to be noted that the response was timely. Given the circumstances, every effort was made to protect life and minimise disruption. However, that is not to say that lessons do not need to be learned.”
“The office has engaged with regulators and established national competent authorities to reinforce compliance with these new regulations across the public sector, with an emphasis on integrated forward planning. This includes working with ESB Networks and Uisce Éireann to improve infrastructure resilience. This involves regular reviews and updates on those resilience measures and, in particular, aligning preventative measures and resilience measures across key sectors. The oversight and regulatory bodies are working with organisations to address the shortcomings that have been exposed over the last two weeks and to ensure continued compliance with various directives. The support for this work will be strengthened. It also has to be recognised that the challenges of the scale and severity of Storm Éowyn were unprecedented.”
“Also at peak, more than 2 million, or 35%, of mobile customers experienced a degradation of service. ComReg has monitored the situation and liaised with operators throughout Storm Éowyn and the repair operation and is receiving regular reports on the restoration of services. I have asked, along with the Minister, Deputy Patrick O'Donovan, to meet the CEOs of all the communication companies next week to discuss their response. We will ensure that connectivity is restored. I have also asked the Chief Information Officer of the State to provide me with an update on the issues around the TETRA system and how that went down during the storm. The office of emergency planning has established a critical infrastructure committee to oversee the EU critical infrastructure resilience directive.”
“As I said previously, the programme for Government commits to developing an extreme weather event assistance scheme and work on the development of this new scheme will commence as a matter of priority through the relevant senior officials group. The estimated effect of Storm Éowyn on telecoms networks was the largest in ComReg's recorded history. A significant number of outages experienced on the telecoms networks were due to the lack of power to fixed and mobile infrastructure. While many key sites had battery back-up to maintain service, once battery capacity was exhausted, some network areas experienced severe outages. The deployment of generators meant that connectivity was maintained at core sites across the country. At peak, more than 281,000 fixed broadband customers were completely without services.”
“My Department of Rural and Community Development has also provided a strong pipeline of investment in community infrastructure through schemes such as LEADER, CLÁR and the community centre investment fund. This investment was crucial and played an important part in having a network of emergency response hubs available for all communities. We already have a comprehensive range of capital investment schemes in place. Local authorities and communities can utilise these funding schemes to ensure continued investment that will enhance the resilience of rural communities. Included in this, I have asked my officials to examine the provision of local generators in communities across the country that can be used in circumstances like those of the past two weeks.”
“I hear his concerns with regard to farming and small businesses in particular. With regard to the humanitarian assistance scheme, to date, the community welfare service of the Department of Social Protection has issued more than 5,000 stage 1 payments, totalling almost €1 million, to people who at the time their application was approved did not have any power or water supply following Storm Éowyn. The community welfare service continues to be available to citizens who are experiencing extreme hardship as a consequence and it continues to work closely with local service directors in local authorities and with other organisations. Community welfare officers continue to be on the ground to support people. They are visiting people and supporting them through it.”
“We are asking it to continue to work with the relevant Departments to ensure enhanced levels of readiness for future extreme weather events. In the Department of Social Protection, we continue to support individuals and families through the humanitarian assistance scheme. The programme for Government includes a commitment to develop an extreme weather event assistance scheme for community organisations, farmers and businesses. I say in reply to Deputy Fitzmaurice that this will be brought forward as a matter of priority.”
“A final decision is expected and this will include increased spending on asset management on underground cables and in particular on the replacement of ageing overhead lines and poles. ESB Networks will also massively scale up its timber cutting programme. Deputy Fitzmaurice and many others mentioned the need for timber corridors. All of that will be taken on board. Uisce Éireann is also protecting and future-proofing Ireland's water infrastructure. Uisce Éireann needs to review the impact of Storm Éowyn and learn the lessons to ensure there is greater resilience within its network but also across the DBOs mentioned by Deputy Fitzmaurice and group water schemes. Uisce Éireann must examine the requirements for additional generators and alternative power solutions.”
“Immediate actions to increase the resilience of the electricity grid system ahead of winter 2025 will be taken as well as the planned grid enhancements to the end of 2030. There will be a full review by ESB Networks and the CRU of the planned grid enhancement and priorities within the next five-year price review process to take account of the impact of Storm Éowyn. A final decision on the CRU's strategic workforce plan will be taken by the end of this quarter. The Government has previously approved a €4 billion investment in the onshore electricity grid for 2021 to 2025. A baseline investment of €10.1 billion for 2026 to 2030 has been sought by ESB Networks with scope for that to rise to €13.4 billion.”
“I thank many NGOs and community organisations and also our independent local radio sector, which broadcast live right across the country during the night of the storm, including my own station Midwest Radio. We are now continuing to look at what needs to be done. There are still people to be reconnected to power tonight and we are particularly focusing on telecommunications and broadband connectivity for many who continue to experience either outages or poor service. The review is under way and I will take on many of the suggestions that have been made by Deputies across the Chamber in the context of that review. The Minister for the Environment, Climate and Communications, Deputy O'Brien, has met with representatives from the CRU, ESB and ESB Networks to discuss the impact of Storm Éowyn.”
“Gabhaim buíochas le gach Teachta as a gcuid óráidí inniu. I thank Deputies who have spoken for their engagement in recent weeks on direct cases. That engagement will continue. We are now in the stage where we can look back at the storm and learn lessons from it. Many Deputies have put forward good suggestions this evening, which will be taken on board because, unfortunately, the precedent, as I said previously, has been set. These storms will be repeated. It is important the frameworks are still solid and I commend the rapid response by many local authorities, ESB Networks staff on the ground, Uisce Éireann and by staff in my own Department and the Department of Social Protection, and many response agencies.”
“The draft legislation raised a number of complex issues that required further advice from the Office of the Attorney General and ongoing engagement between officials in my Department and the Office of the Parliamentary Counsel. A draft Bill has now been finalised and I intend to bring it to the Government in the near future to obtain approval for its introduction to the Oireachtas. It is a priority for me. I will keep the Deputy informed as to how it progresses. I again express my sympathy to the family of the Deputy's friend on his recent passing.”
“In June 2024, the then Government approved the priority drafting of the legislative changes required to respond to the Supreme Court decision. The general scheme of a Bill was referred to the Office of the Parliamentary Counsel for priority drafting and to the Oireachtas Joint Committee on Social Protection, Community and Rural Development and the Islands for pre-legislative scrutiny. The committee issued its report and recommendations on 26 July 2024. All of this is very technical but the Deputy should be assured that I fully agree with him and Deputy Kelly, who has consistently raised this issue with me over the past two weeks, that this legislation needs to be enacted.”
“As Deputy Buckley referenced, on 22 January 2024 the Supreme Court delivered its judgment in the O'Meara case on the entitlement of a surviving cohabitant to a widow's, widower's or surviving civil partner's contributory pension. The Supreme Court judgment overruled the previous High Court decision and found in favour of Mr. O'Meara and his children. In simple terms and as the Deputy described, the Supreme Court found that section 124 of the Social Welfare Consolidation Act 2005, as amended, was inconsistent with the Constitution insofar as it excluded the claimant from the category of persons entitled to benefit from it. The court reached that conclusion on the basis of the equality guarantee contained in Article 40.1 of the Constitution. The Supreme Court noted that, in order to resolve the issue, a legislative amendment was required.”