asked the Minister for Social Welfare why a person (name supplied) in County Cork, who was divorced in England by her husband who remarried there and has since died, has been refused a pension but continues to get deserted wife's allowance although her husband is dead.
Ceisteanna—Questions. Oral Answers. - Widow's Pension.
7.
The scheme of deserted wife's allowances does not provide for termination of the allowance on the death of a deserting husband. Such allowance continues in payment after the death of a deserting husband unless the recipient qualifies for a widow's pension.
In the case referred to by the Deputy the recipient did not qualify for a widow's pension as she had been divorced by her husband while he was domiciled in Great Britain, and in accordance with the legal advice available to my Department she cannot be regarded as his lawful widow for widow's pension purposes.
(Dublin Central): Are we to take it that we do not recognise the English divorce law here?
That is a separate matter.
The Deputy may take it that as far as the payment of a widow's pension is concerned the legal advice available to me is as stated. I should like to add that until I reviewed the situation on taking over responsibility in this Department she would not have qualified for any pension or allowance.
Does the State now recognise divorce?
That is a separate question.
It arises out of the reply of the Parliamentary Secretary. The husband of the woman involved in this case died. Is the Parliamentary Secretary saying that she cannot be recognised as a widow?
What I am saying is that the legal advice available to me is to the effect that once the facts of a marriage and subsequent desertion have been established a woman is entitled to a deserted wife's allowance provided any other requirements for entitlement are met. When a woman becomes so entitled she can only become disentitled by ceasing to be a woman who has been deserted. When I assumed responsibility in the Department of Social Welfare a woman in that position was not entitled, as she would not be now under existing legislation, to a widow's pension, but also she would not have been paid the deserted wife's allowance. The sum payable is the same, so at least the woman can be extremely thankful that there was a change of Government to allow something to be paid to her.
(Dublin Central): Is it not the case here that this woman was divorced by her first husband, she remarried and her second husband died? Surely she is entitled to a widow's pension? Is that not the kernel of this case?
I am afraid not.
(Dublin Central): What exactly is it?
It is certainly not as the Deputy has stated. I have no knowledge nor has it been indicated to me that this woman remarried.
Is it now the situation that if a woman is receiving a deserted wife's allowance, irrespective of whether she stays deserted or the husband dies, she remains entitled to the deserted wife's allowance for the rest of her life unless she remarries?
As long as it is established that the woman has been deserted and that otherwise she meets the requirements, that is the position.