In order to qualify for a widower’s contributory pension, the surviving spouse must be deemed, under Irish law, to be the legal widower of the deceased.
The person concerned was previously married in Ireland and subsequently divorced in Northern Ireland. In order for a foreign divorce to be recognised in this State, one of the parties must be domiciled in the country granting the divorce when proceedings were initiated. The provisions pertaining to the recognition of divorces outside the State are set out in Section 5 of the Domicile and Recognition of Foreign Divorces Act, 1986.
One of the criteria in establishing a domicile of choice would be that the person intended to reside permanently, or at least indefinitely, in the jurisdiction of the state granting the divorce. The evidence available to this Department shows that the person concerned and his first spouse, to whom he was legally married in Ireland, were domiciled in Ireland at the time their divorce proceedings were initiated in Northern Ireland.
The person concerned has been afforded the opportunity to provide evidence that would demonstrate that either party to the first marriage was domiciled in Northern Ireland at the time divorce proceedings were initiated. A certified copy of the certificate relating to the second marriage of the person concerned does not satisfy this criterion. No response has been received from the person concerned to date.
When a final decision on eligibility of the person concerned to widower(s) pension is made, the person will be notified in writing of the outcome. If the person concerned is not satisfied with the deciding officer’s decision, they will be afforded the opportunity to appeal the decision to the independent Chief Appeals Officer, Social Welfare Appeals Office, D’Olier House, D’Olier Street, Dublin 2.
I hope this clarifies the matter for the Deputy.
