Vol. 415 No. 7
247 Mr. Creed asked the Minister for Social Welfare if he will outline, (1) his Department's policy in regard to pursuit of spouses who are deemed to be in desertion in the context of, (a) the lone parent's allowance and (b) the deserted wife's allowance; (2) his Department's interpretation of desertion; (3) the obligations on spouses in these circumstances; and if he will make a statement on the matter.
The liability on men and women to maintain their dependent spouses and children who are claiming the payments mentioned is provided for by legislation in Part III of the Social Welfare Act, 1989. This legislation also provides that where, as a result of their failure or neglect to maintain, payments have to be awarded under the lone parent's or deserted wife's schemes or the supplementary welfare allowance scheme, the liable relatives are required to contribute towards the cost of such payments in accordance with their level of income. The purpose of these provisions is to ensure that, as far as possible, adequate contributions are forthcoming from the deserting spouse.
The definition of desertion is provided for by Regulations made under the Social Welfare Acts. These provide that in order to qualify for deserted wife's benefit or allowance, a woman must show that her husband left of his own volition and she must be living apart from him for at least three months. In addition she must have made appropriate efforts to obtain maintenance from him and must not be receiving maintenance at a level greater than the rate of the allowance.
