Widow's Pension Eligibility

Dáil Éireann Debate, Tuesday - 20 February 2018

Tuesday, 20 February 2018

Ceisteanna (545, 546)

Bernard Durkan

Ceist:

545. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the basis on which the surviving partner or spouse of a person divorced outside this jurisdiction cannot qualify for a contributory widow's or widower's pension in view of the fact that they would have been compliant with Irish law when they remarried here; the number of persons refused a widow's or widower's pension on the basis of one of the partners having been divorced outside the country in each of the past five years to date; and if she will make a statement on the matter. [8361/18]

Bernard Durkan

Ceist:

546. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if persons who divorced outside of this jurisdiction have forfeited their rights to a widow's, widower's or survivor's pensions, notwithstanding the fact that they would have had to have been compliant with the law to remarry here; and if she will make a statement on the matter. [8362/18]

Freagraí scríofa

Minister for Employment Affairs and Social Protection

I propose to take Questions Nos. 545 and 546 together.

To qualify for a widow(er)’s or surviving civil partner’s (contributory) pension, the surviving spouse must be deemed, under Irish law, to be the legal widow(er) of the deceased.

The legislative 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.

In order for a foreign divorce to be recognised in this State, one of the parties to the divorce must be domiciled in the country granting the divorce when proceedings were initiated. One of the criteria in establishing a domicile choice would be that the person intended to reside permanently, or at least indefinitely, in the jurisdiction of the state granting the divorce. Responsibility for this legislation lies with the Minister for Justice and Equality.

Statistics are not recorded on the number of applicants refused widow's or widower's pensions on the basis of unrecognised divorces.

I hope this clarifies the matter for the Deputy.