Social Welfare Act, 1989

Widower’s (non-contributory) pension and deserted husband’s allowance.

6.—(1) The Principal Act is hereby amended—

(a) by the insertion after section 198 of the following section:

“Chapter 5A

Allowances for Certain Men

Widower’s (non-contributory) pension.

198A.—(1) A widower’s (non-contributory) pension shall, subject to regulations, be paid to a widower who has at least one qualified child residing with him and who satisfies the conditions as to means for entitlement to widow’s (non-contributory) pension under Chapter 4 of Part III.

(2) The rate of a widower’s (non-contributory) pension payable to a person shall be the same as the rate of a widow’s (non-contributory) pension payable to a widow under Chapter 4 of Part III.

(3) A widower who has remarried shall not for the purposes of this section be regarded as the widower of his former wife.

(4) The Minister may make regulations in relation to widower’s (non-contributory) pension and the regulations may apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of, or regulations under, this 35 Act.”,

(b) by the insertion after section 198A (inserted by paragraph (a) of this subsection) of the following section:

“Deserted husband’s allowance.

198B.—(1) A deserted husband’s allowance shall, subject to regulations, be paid to a man who—

(a) has been deserted by his wife,

(b) has at least one qualified child residing with him, and

(c) satisfies the conditions as to means for entitlement to a widow’s (non-contributory) pension under Chapter 4 of Part III.

(2) The rate of a deserted husband’s allowance payable to a person shall be the same as the rate of a widow’s (non-contributory) pension payable to a widow under Chapter 4 of Part III.

(3) The Minister may make regulations in relation to deserted husband’s allowance and the regulations may, in particular and without prejudice to the generality of the foregoing—

(a) specify the circumstances in which a man is to be regarded for the purposes of this section as having been deserted by his wife,

(b) apply (with or without modification) or make provisions corresponding (with or without modification) to, any provisions of, or regulations under, this Act, and

(c) in applying the provisions of section 300, provide, notwithstanding anything contained in that section, that in any case in which a deserted husband’s allowance is, by virtue of a revised decision given by a deciding officer or an appeals officer, disallowed or reduced, such amount as the Minister may direct of any of the allowance that has been paid in excess of the rate determined by that decision to have been payable shall be recoverable as a debt due to the State.”, and

(c) by the insertion in subsection (1) (as amended by section 28 of the Act of 1988) of section 134 (which relates to the description of assistance) after paragraph (k) of the following paragraphs:

“(l) widower’s (non-contributory) pension,

(m) deserted husband’s allowance.”.

(2) This section shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to one or more of the paragraphs of subsection (1) and different days may be so fixed for each, or part of each, of those paragraphs.