Social Welfare (No. 2) Act, 1974

Deserted wife's benefit (modification of contribution conditions).

20.—(1) The Fourth Schedule of the Act of 1952 is hereby amended by the substitution of the following paragraph for paragraph 10 (inserted by section 17 (6) of the Act of 1973):

“10. Deserted Wife's Benefit.

The contribution conditions for deserted wife's benefit are—

(a) that not less than one hundred and fifty-six employment contributions have been paid in respect of the husband in respect of the period beginning with his entry into insurance and ending immediately before the relevant time, and

(b) that, if at the relevant time a period of four years or longer has elapsed since the husband's entry into insurance,—

(i) the average per contribution year of the contributions paid in respect of or credited to him for the three contribution years, or (if warranted by his insurance record) the five contribution years, ending with the end of the last complete contribution year before the relevant time is not less than thirty-nine, or

(ii) the average per contribution year of the contributions paid in respect of or credited to him in respect of the period commencing at the beginning of the contribution year in which his entry into insurance occurred and ending at the end of the last complete contribution year before the relevant time is not less than forty-eight,

but, if the foregoing conditions are not satisfied on the husband's insurance record, they may be satisfied on the woman's insurance record (the husband's insurance record being disregarded).

In this paragraph “relevant time” means—

(i) the date of the husband's attainment of pensionable age or the date before he attained that age on which the woman is determined to have been deserted by him, or

(ii) if the conditions are being satisfied on the woman's insurance record—

(I) the date on which the woman is determined to have been deserted by her husband, or

(II) if the woman attained pensionable age before the date on which she is determined to have been deserted by her husband, the date of her attainment of pensionable age.”.

(2) This section shall come into operation on the 1st day of July, 1974.