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Dáil Éireann debate -
Thursday, 26 Oct 1972

Vol. 263 No. 2

Ceisteanna—Questions. Oral Answers. - Widow's Pension.

111.

asked the Minister for Social Welfare if he will state the progress to date in the claim of a person (name supplied) in County Dublin for a widow's pension; the statutory basis of refusal, if any, to date; and if he proposes to take any action in the matter.

The person referred to in the question applied for a widow's pension on 30th August, 1972. A decision has now, however, been given rejecting her application on the grounds that as she is a divorced person she has not established that she is a widow. This decision is being conveyed to the applicant. She may, if she so desires, appeal against this decision.

Would the Minister not accept that there is an appalling injustice in this case? This woman's husband went to England where he divorced her. A short time later he died. The unfortunate woman who has four children, the eldest of whom is 15, is told by the Department that since she cannot be regarded as being a married woman or a widow or a deserted wife she is not entitled to any benefit.

This is a case where we recognise divorce. It is one that is covered by the decision of the High Court.

In other words, it is a question of recognising divorce when it suits the Department of Social Welfare to do so.

When divorce is introduced in this country there will be many more such cases.

The Minister has admitted that divorce is recognised here.

This case is covered by a decision of the High Court.

To what is the woman entitled?

Home assistance.

Her husband was an insured worker in the Republic of Ireland and in Britain. If this woman accepts the laws of the Catholic Church she can have no intention of re-marrying, certainly not in the immediate future and as she sees the matter the Minister is having it both ways regarding divorce.

I am sure she will be consoled to hear that Deputy Kitt is against divorce.

Certainly, I am against it.

I have asked for particulars of this case.

For the past six months the woman has been endeavouring to obtain some benefit.

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