The wife of the person concerned applied for deserted wife's benefit following the breakdown of the marriage in June 1995. Her application was disallowed by a deciding officer on the grounds that she was not a deserted wife within the meaning of social welfare legislation as her husband had not left of his own volition and that he had not wilfully refused or neglected to contribute to her support and maintenance.
She appealed against that decision to the independent social welfare appeals office and an oral hearing of the appeal was heard on 23 October 1996.
The appeals officer heard evidence from both parties and had before him all the documentary evidence, including copies of various court orders. On the basis of all of the evidence available, including that adduced at the oral hearing, the appeals officer decided that she was a deserted wife within the meaning of social welfare legislation.
As the Deputy will appreciate, an appeals officer is a statutory determining authority. In the absence of new facts or fresh evidence his decision is final and conclusive subject to review by the chief appeals officer or appeal to the High Court on a point of law.
The decision in this case has been reviewed by the chief appeals officer who does not consider that it is erroneous as to the facts or the law as to warrant a revision.
