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Dáil Éireann debate -
Wednesday, 28 Mar 1973

Vol. 265 No. 2

Ceisteanna—Questions. Oral Answers. - Deserted Wives' Allowances.

65.

asked the Minister for Social Welfare (a) the number of applications for the deserted wife's allowance since the scheme's inception, (b) the number of applications granted, (c) the estimated total number of deserted wives in the State, (d) the estimated total number of deserted husbands in the State and (e) the estimated total number of legal marriage separations in the State.

Since the inception of the scheme of deserted wife's allowance 3,225 applications for the allowance have been received and 2,319 allowances have been granted. The further information requested in the question is not available in my Department.

66.

asked the Minister for Social Welfare (a) if he will outline the procedure which must be followed by a deserted wife whose husband remains within the jurisdiction of the courts in order to become eligible for a deserted wife's allowance; and (b) if it is his intention to introduce legislation to use a husband's salary at source as a basis to ensure payment of maintenance allowances granted by the courts.

In regard to (a) of the Deputy's question, statutory regulations made under the Social Welfare Acts, require that a woman, in order to qualify for a deserted wife's allowance, must, apart from waiting for a period of six months after desertion before completing the prescribed claim form, make reasonable efforts within the means available to her to trace her husband's whereabouts and to prevail upon him to resume living with her or to contribute to the support and maintenance of herself and her children.

Each case is decided on its merits. In the circumstances envisaged in the question, a woman would, in the first place, be expected to invoke the aid of organisations, such as the Society for the Prevention of Cruelty to Children, her local clergy or social workers operating in this particular field. Should such efforts be unsuccessful she might in some circumstances be expected to give consideration to the institution of legal proceedings but she would be expected to take such proceedings only if there was a reasonable hope that they would be successful and that there was no other valid reason why she should not do so.

This is the position as at present. I am not satisfied with the present arrangements and am having the whole question examined in my Department with a view to introducing appropriate changes in the regulations. In regard to (b) of the question, this is not a matter within the competence of my Department.

When the Parliamentary Secretary says he will make appropriate changes what changes does he envisage? I should like to thank him for an extensive and very comprehensive reply to the question.

As I said, the matter is under examination at the moment. There are various aspects of the scheme which do not meet with the Minister's approval. After a complete examination certain changes will undoubtedly be made.

In relation to the second part of the question dealing with attaching the husband's salary at source, to whom should I address that question?

It would be a matter for the courts.

Would the Parliamentary Secretary not agree that it would be a matter for the Minister for Justice?

In making these recommendations I wonder would the Parliamentary Secretary consider that 50 years, which is now the age over which a person can be recognised for a deserted wife's allowance, should now be reduced.

That, among other aspects of the scheme, will be considered.

The Parliamentary Secretary does not know what he is talking about.

The remaining Questions will appear on the next day's Order Paper.

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