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Dáil Éireann debate -
Thursday, 10 May 1973

Vol. 265 No. 7

Ceisteanna—Questions. Oral Answers. - Deserted Wives.

77.

asked the Minister for Social Welfare why questions Nos. 16 (b) and 22 are included in Part 2 of the application form for a deserted wife's allowance; and if it is proposed to amend the form of questions and in particular to amend the provision whereby the answers to these questions must be confirmed by a home assistance officer, a garda or a minister of religion.

Statutory regulations made under the Social Welfare Acts require that a woman, to qualify for a deserted wife's allowance, apart from satisfying other conditions, must make reasonable efforts within the means available to her to trace her husband and to prevail upon him to resume living with her or to contribute to the support and maintenance of herself and her children.

The purpose of Question No. 16 (b) on the application form is to ascertain if the applicant has made any attempt, where she is aware of her husband's whereabouts, to prevail on him to resume living with her. Question No. 22 seeks an explanation from an applicant who has made no efforts to comply with the requirements of the regulations. To establish that the statutory provisions are satisfied it is necessary to ask for replies to specific questions pertaining to those provisions and it is normal practice to have such replies confirmed by persons of standing. The list of such persons is not, of course, confined to those mentioned in the question. As I mentioned in reply to a recent question, I am having the scheme for deserted wife's allowances reviewed. The matters raised in the question, as well as all other pertinent matters, will be taken into consideration in the course of the review.

I welcome the Parliamentary Secretary's statement in regard to a review of this matter. Would he accept that there is need for a more liberal interpretation of questions Nos. 16 (b) and 22, particularly in respect of the statutory regulations which seem very harsh? The deserted wife virtually has to prove that she attempted reconciliation and she must get it proved in writing, whereas in fact the husband has deserted her. Would the Parliamentary Secretary agree there is need for a more liberal interpretation?

As I said in my reply, a review is at present being undertaken and I hope the Deputy will be satisfied with the results of that review.

May I ask the Parliamentary Secretary if in his review, which I am glad to hear he is to undertake, he will direct particular attention to the means test applicable in these cases, with a view, of course, to liberalising it if at all possible subject to whatever financial limitations are imposed on him, and that he would have particular regard to a deserted wife who might wish to take part-time employment and who is inhibited from doing so because of the provisions of the means test? I should like to direct his attention to the fact that the guide to the social services issued by his Department is a little vague in regard to this means test.

I can assure the Deputy that that aspect of the scheme will be taken into consideration in the review.

78.

asked the Minister for Social Welfare if he will review as a matter of urgency the social welfare entitlements of deserted wives and widows who were divorced in Britain by their husbands domiciled there.

One of the many matters which I have had under consideration since I took office has been the position of deserted wives who have been divorced. Following consulation with the Attorney General in the matter I am now happy to say that it appears that such deserted wives may be entitled to an allowance subject, of course, to the fulfilment in each such case of the prescribed conditions normally applicable. Accordingly, all disallowed claims in which the question of divorce has been an issue are being re-examined as a matter of urgency with a view to re-determining eligibility.

The position of widows in this respect is being examined.

I should like to thank the Parliamentary Secretary and the Attorney General for a very urgently needed review.

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