Dáil Éireann debate -
Wednesday, 8 Dec 1993

Vol. 436 No. 8

Adjournment Debate. - Deserted Wife's Benefit.

Mr. Durkan

This case refers to an application for deserted wife's allowance in 1988 by a constituent. The woman applied in the usual way, was refused and appealed against the decision. The oral hearing was attended by the applicant and her husband. In the final analysis the deciding officer decided against her on the basis that she had contributed to her own misfortune. If she had contributed to her own misfortune it would have resulted in her being barred from the house or being asked to leave in the ordinary way. If that had been legally done I would not have a case to make tonight, but that is not what happened.

The woman was seriously assaulted, severely beaten by her husband. The deciding officer took that into account but decided that she was still a contributor to her own misfortune. The fact that a severe assault occurred seriously brings into question the decision of the deciding officer because the woman was forced to leave the family home. A Garda report on file will verify that. The Garda report was brought to the attention of the deciding officer at the time but he decided against her. From what legal advice I have been able to get it is clear that if she took her case to court she would win.

The Minister should concentrate on the fact that the woman had to leave the house because she was beaten, and that a child's welfare is also involved. The woman was not a contributor to her own misfortune as she was forced to leave the house. She was destitute and penniless as she is to this day. It is crucial that the Minister set aside the decision of that deciding officer on the basis that he should have taken into account that she had no option but to leave the family home. The Minister has that discretion which I ask him to use. This is not a major case which will set a precedent.

Once there was coercion and there was a Garda report the woman had a good case. She still has a good case although she has been deprived of her deserted wife's allowance because of the deciding officer's decision that she had contributed to her own misfortune.

Minister of State at the Department of the Environment (Mr. Browne,

Wexford): To qualify for deserted wife's benefit, a claimant must satisfy a number of conditions. It is a condition of the scheme that the claimant's husband must have left her voluntarily or that she had to leave him. The person concerned married in August 1985 and separated from her husband shortly after the marriage. She later returned to her husband but left him in June 1986 and has not lived with him since. A claim for deserted wife's benefit was made in 1985. This claim was disallowed on the grounds the husband did not of his own volition leave her.

The Deputy is familiar with the details in this case. The Minister assures him again that all the relevant facts were taken into account by the Department of Social Welfare. It would not be appropriate to discuss this couple's business in this House. In reaching this conclusion the Minister was strongly influenced by the fact that there are also the interests of a child to be protected.

The person concerned appealed the deciding officer's decision. Following an oral hearing of the appeal on 12 September 1988, the independent appeals officer ruled that she did not qualify for a deserted wife's benefit because she was not a deserted wife within the meaning of section 195 of the Social Welfare (Consolidation) Act, 1981, in that her husband did not leave her of his own volition. For constructive desertion to be proved, it has to be established that the wife was forced to leave the family home.

Having considered all the facts the appeals officer was not satisfied that this was a case of desertion within the terms of the legislation. The appeals officer's ruling is final and conclusive except in the light of new facts or fresh evidence.

In any case of marriage break-up, a lone parent's allowance is available where a person has an income need. The lone parent's allowance legislation does not require that desertion be proved, simply that separation has occurred. The person concerned has in fact applied for a lone parent's allowance but has not supplied full information in relation to all her means. As soon as she supplies the information sought, and I strongly encourage her to do so to enable the Department to help her, her lone parent's allowance claim will be processed and finalised by the Department without delay.