This case refers to an application for deserted wife's allowance in 1988 by a constituent. The woman applied in the usual way, was refused and appealed against the decision. The oral hearing was attended by the applicant and her husband. In the final analysis the deciding officer decided against her on the basis that she had contributed to her own misfortune. If she had contributed to her own misfortune it would have resulted in her being barred from the house or being asked to leave in the ordinary way. If that had been legally done I would not have a case to make tonight, but that is not what happened.
The woman was seriously assaulted, severely beaten by her husband. The deciding officer took that into account but decided that she was still a contributor to her own misfortune. The fact that a severe assault occurred seriously brings into question the decision of the deciding officer because the woman was forced to leave the family home. A Garda report on file will verify that. The Garda report was brought to the attention of the deciding officer at the time but he decided against her. From what legal advice I have been able to get it is clear that if she took her case to court she would win.
The Minister should concentrate on the fact that the woman had to leave the house because she was beaten, and that a child's welfare is also involved. The woman was not a contributor to her own misfortune as she was forced to leave the house. She was destitute and penniless as she is to this day. It is crucial that the Minister set aside the decision of that deciding officer on the basis that he should have taken into account that she had no option but to leave the family home. The Minister has that discretion which I ask him to use. This is not a major case which will set a precedent.
Once there was coercion and there was a Garda report the woman had a good case. She still has a good case although she has been deprived of her deserted wife's allowance because of the deciding officer's decision that she had contributed to her own misfortune.