andDr. O'Connell asked the Minister for Social Welfare if he is aware that his Department classes a divorced deserted wife as unmarried and so not eligible for the deserted wives allowance; and if he will take steps to deal with the hardship caused to the Irishwoman deserted and divorced in England by her husband.
Ceisteanna—Questions. Oral Answers. - Deserted Wife's Allowance.
24.
Dr. Browne
To qualify for a deserted wife's allowance a woman must naturally be a wife. In arriving at a decision in the case of women who have been divorced in England the deciding officer took into account legal advice to the effect that under our law the divorce in England of a person domiciled in England is effective to dissolve the marriage and the dissolution is recognised as being effective in this country. The applications for the deserted wife's allowances of a number of women so divorced have been rejected. A number of them have, however, appealed against the decision and their appeals have not yet been determined by the appeals officer. Pending his decision, I would not like to make any final statement in the matter. I should mention, however, that the scheme of deserted wife's allowances which is now a little over a year in operation is being reviewed with a view to making such improvements in it as experience has shown to be desirable. In this review consideration will be given to the position of women divorced in the circumstances mentioned.
Will it be long before the review to which the Minister refers in relation to the legitimacy of the English divorce is considered? Further, if a finding is made in favour of the deserted divorced girl in Ireland will the payments be retrospective to the date of her application?
I am afraid I cannot answer both parts of the Deputy's question. As to when a decision will be reached, that should not take long because it is under discussion at the present time. There are 16 appeals out of 33 such cases rejected. Retrospection in the case of appeals is usual from the date of the appeal.
There has to be retrospection in the case of appeals.
Is the Minister taking into consideration the particular case which I brought to his attention, that of the poor girl who was married 12 years?
It is one of the 16.
Is that being considered too?
Yes.
Thank you.
They are recognising divorce now.