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Dáil Éireann díospóireacht -
Wednesday, 18 Nov 1970

Vol. 249 No. 10

Ceisteanna—Questions. Oral Answers. - Deserted Wives' Allowances.

8.

asked the Minister for Social Welfare if he is aware that many deserted wives are being refused the allowance granted under recent legislation because of the rigidity of the means test imposed; and that deserted wives who are obliged to work are particularly affected; and if he will take remedial action, if necessary by introducing amending legislation.

I am not aware that the position is as stated by the Deputy. The means test applicable under the deserted wife's allowances scheme is precisely the same as that operated under the scheme for non-contributory widows' pensions.

Surely the Minister will agree that because of the means test which is stipulated many of these applicants will have their claims disallowed, especially those who are obliged to work to maintain their children in the absence of a husband? In these circumstances would he liberalise the means test so that these genuine cases could be properly considered?

I could not agree to have more generous terms for the means test in this case than in the case of widows and non-contributory pensioners.

Is the Minister aware that applicants for these allowances are being refused because there is a son or a daughter in the household who is working and they are obliged to live on the charity of their son or daughter in these cases? Would he not examine this, especially since he said there would be real flexibility in it, because, while he meant this, in practice it is being too rigidly applied?

When I mentioned the word "flexibility" I was referring to the proof of desertion. We cannot be more flexible than the law permits within the terms of a means test. I am not aware of the particular case the Deputy mentions.

If a woman had living with her a son who was working and had no other income, would she be entitled to the allowance?

Without knowing the particular circumstances of the case I would not answer that.

Is it not the case that, in such a circumstance, where there is a child working and the child is being kept at home, it is only the excess of the receipts from that child over the cost of keeping the child that is taken into account? Is that not right?

What usually applies in the case of widows is that the entire outgoings which are unavoidable are taken into account and balanced against the income. I should say on the overall question of these applications, I have been looking into the number that have been coming in and the number that have been sanctioned. I think they are being dealt with very fairly and there is no reason to think there is any——

Is the Minister aware that the questionnaire which is sent out certainly gives the impression to deserted wives that they are expected, if they have information of where the husband lives, to furnish this information, to contact the husband even if it is 20 years since he deserted them; that this is causing great distress and concern to deserted wives who in some cases have very good reason for not contacting their husbands?

Is the Minister not aware there is widespread disappointment, if not indignation, at the kind of questionnaire which is being sent out——

Hear, hear.

——in connection with the deserted wife allowance, that many of the questions posed, to say the least, are very indelicate and of a very personal, searching and embarrassing kind; that many widows have given up all possibility of completing such forms? Would he look at this whole situation with a view to ensuring that the wishes of this House in granting these allowances will not be frustrated?

We cannot have a debate on this question.

May I ask the Minister if he would be prepared to waive the stipulation that a deserted wife at the age of 55 or under must have a dependent child living with her, in view of the fact that many of the deserted wives married at a very young age and, hence, at the age of 50 or 55, would not have a child living with them because of broken homes and the like?

There was an age limit fixed in the measure and it is possible to have it examined as time goes on. I did point out at the time this legislation was introduced that the original investigations would, perhaps, reveal a good many anomalies, which undoubtedly can be rectified in time. Deputy Treacy is complaining about the questionnaire. I especially looked up his area and I find that 17 forms have gone out, 11 have been returned, ten applications have been granted and one has been withdrawn. That does not seem to justify the overriding statement he made that there is widespread consternation. I do not think that is correct.

Will the Minister re-examine the form in view of the complaints? Another issue which the Minister might re-examine is that the deserted wife is asked to give evidence from a home assistance officer about her condition. I understand from the Department that, in fact, other people can give evidence to this effect, but the person receiving the form thinks it must be the home assistance officer. The form is badly designed and not designed to carry out the intention. Could the Minister examine the forms in the light of these complaints?

The House will admit this is an area where we have to move very carefully. The evidence available in some cases can be very flimsy and very delicate. There is such a thing as a deserted husband. However, in the light of the evidence we are getting, we are satisfied we shall arrive at a fairly reasonable means of assessing cases correctly.

Would the Minister re-examine the form?

I am calling Question No. 9.

Would the Minister answer my question?

I have allowed eight supplementaries on that one question, and there are over 80 questions on the Order Paper for attention.

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