Dáil Éireann debate -
Wednesday, 19 Oct 1994

Vol. 446 No. 1

Written Answers. - Social Welfare Benefits.

Bernard J. Durkan

Question:

96 Mr. Durkan asked the Minister for Social Welfare in respect of the application for deserted wife's benefit in the case of a person (details supplied) in County Kildare in 1988, if he has satisfied himself that, in coming to a decision, the appeals officer observed the spirit and the letter of equality legislation and women's rights; if he has studied the procedure followed; if he has satisfied himself that the full rights of the applicant were observed, with particular reference to the basis for arriving at the decision in view of the availability of Garda reports; and if he will make a statement on the matter. [1687/94]

Minister for Social Welfare (Dr. Woods)

To qualify for a deserted wife's benefit a claimant must satisfy a number of conditions. One condition is 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 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 1988. This claim was disallowed on the grounds that the husband did not leave her of his own volition. The person concerned appealed against the deciding officers's decision.

Following an oral hearing of the appeal and having considered all the facts 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.

The decision of an appeals officer is final and may only be revised in the light of new facts or fresh evidence. It may also be revised by the chief appeals officer if it appears that the decision was erroneous by reasons of some mistake having been made in relation to the law or facts. Following representations from the Deputy the chief appeals officer reviewed the appeal. He considered that the appeals officer had properly addressed himself to the issue before him and had taken the full circumstances of the case into account in arriving at his decision that the person concerned was not a deserted wife within the meaning of the social welfare legislation. In the circumstances, he considered that a revision of that decision is not warranted.