Social Welfare (Consolidation) Act, 1981


Deserted Wife's Benefit

Title to benefit.

[1952, s. 25E; 1973, s. 17; 1978 AM, s. 13]

100.—(1) Subject to this Act, deserted wife's benefit shall be payable to a woman who—

(a) has been deserted by her husband,

(b) if she is less than 40 years of age, has at least one qualified child residing with her,

(c) satisfies the contribution conditions in section 101 , and

(d) satisfies such other conditions as may be prescribed.

(2) The circumstances in which a woman is to be regarded for the purposes of this section as having been deserted by her husband shall be determined in accordance with regulations made under section 195 (4) (a).

(3) A child shall be a qualified child for the purposes of this section in relation to a woman if, on the assumption that her husband were dead, such child would be a qualified child in relation to her for the purposes of a widow's (contributory) pension under this Part.

(4) For the purposes of this Chapter “yearly average” means the average per contribution year of contribution weeks in respect of which the husband (or claimant) has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified in section 101 (1) (b).