Widow's Pension Eligibility

Dáil Éireann Debate, Wednesday - 19 December 2018

Wednesday, 19 December 2018

Ceisteanna (78)

Bernard Durkan

Ceist:

78. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the steps she plans to take to facilitate the award of widow or widower's pension in respect of persons married here following a divorce in another jurisdiction whose status for remarrying was in order but that in the event of the death of either party it now follows that widow or widower's pension is not payable, thereby raising a further question as to the way in which it was permissible for them to marry here; if the matter will be examined with a view to ensuring that full legal status and recognition is applicable; and if she will make a statement on the matter. [53446/18]

Freagraí scríofa

Minister for Employment Affairs and Social Protection

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.

I hope this clarifies the matter for the Deputy.

Question No. 79 answered with Question No. 45.