Social Welfare (Consolidation) Act, 1981


Allowances for Certain Women

Deserted wife's allowance.

[1970, s. 22; 1972, s. 19; 1979, s. 7]

195.—(1) A deserted wife's allowance shall, subject to regulations, be paid to a woman—

(a) who has been deserted by her husband,

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

(c) who satisfies the conditions as to means specified for the purposes of this subsection by regulations.

(2) The rate of a deserted wife's allowance shall be the same as the rate of the widow's (non-contributory) pension which would be payable to the woman under Chapter 4 if she were a widow.

(3) A child shall be a qualified child for the purposes of this section in relation to a woman if, on the assumption that she was a widow, the child would be a qualified child in relation to her for the purposes of Chapter 4 .

(4) The Minister may make regulations in relation to deserted wife's allowance and the regulations may, in particular and without prejudice to the generality of the foregoing—

(a) specify the circumstances in which a woman is to be regarded for the purposes of this section as having been deserted by her husband,

(b) apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of or made under Parts I , II and VIII , and

(c) in applying the provisions of section 300 , provide, notwithstanding anything contained in that section, that in any case in which a deserted wife'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.