Mary O'Rourke
Question:98 Mrs. O'Rourke asked the Minister for Social Welfare the result of the review of the appeal for deserted wife's allowance by a person (details supplied) in County Westmeath. [15286/95]
Written Answers. - Social Welfare Benefits.
The person concerned is in receipt of unemployment assistance at the maximum weekly rate of £62.50 per week.
She applied for deserted wife's benefit in December 1993. The crucial issues affecting her possible entitlement to this benefit are the circumstances leading to the separation and whether she is cohabiting with another person as man and wife.
In relation to the first of these issues, the person concerned left her husband in 1978. To satisfy the desertion condition it needs to be established that constructive desertion occurred. To this end she must establish that her husband's behaviour was so unreasonable that she could not be expected to continue living with him. The deciding officer also needs information on a deed of transfer in relation to a residence in order to clear-up the issue of cohabitation.
Her application was disallowed as the deciding officer was not satisfied that she was deserted within the meaning of the Social Welfare Acts. She did not appeal against this decision.
In response to representations from the Deputy, a review of her entitlement was undertaken in February 1995. Evidence to substantiate constructive desertion was not produced, nor was information on the deed of transfer. In the course of the inquiries, she admitted that the separation was mutual. She was advised in August 1995 that her claim could not be allowed on the grounds that she was not deserted within the meaning of the Acts and that it was considered that she was cohabiting with another person as man and wife.
The claim is under review again in the light of information received on the cohabitation issue. A local inspector called to both addresses used by the person concerned on 7 October but got no reply. Further efforts to contact her will be made. The inspector will be seeking evidence on both the desertion and cohabitation issue — in the case of the former, independent third party evidence to substantiate the claim of constructive desertion. When these further inquiries are completed her entitlement will be reviewed once more and she will be notified of the outcome.