Social Welfare Schemes Data

Dáil Éireann Debate, Tuesday - 20 March 2018

Tuesday, 20 March 2018

Ceisteanna (952)

Bernard Durkan

Ceist:

952. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the number of applications for widow's, widower's, survivor's contributory and non-contributory pension that have been refused in each of the past ten years to date on the basis that one or both of the parties has been divorced outside the jurisdiction; when the rule in respect of the non-recognition of divorces obtained overseas was first invoked with consequent refusal of widow's, widower's and survivor's pensions; and if she will make a statement on the matter. [12274/18]

Freagraí scríofa

Minister for Employment Affairs and Social Protection

The legislative provisions pertaining to the recognition of divorces outside the State are set out of the Domicile and Recognition of Foreign Divorces Act, 1986. In accordance with Section 5, a foreign divorce will be recognised in this state, if one of the parties to the divorce was domiciled in the country granting the divorce when proceedings were initiated. 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 pension specifically on the basis of an unrecognised foreign divorce.

Since the introduction of the widow’s pension, it has always been a condition that the surviving spouse must be deemed, under Irish State Law, to be the legal widow or widower of the deceased.

I hope this clarifies the matter for the Deputy.