Social Welfare (Consolidation) Act, 1993


Deserted Wife's Benefit

Entitlement to benefit.

[1981, s. 100(1); 1992, s. 25(1)(ae), (2)]

110.—(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) in the case of a claim made on or after the 31st day of August, 1992, does not have an aggregate of reckonable income and reckonable earnings in excess of a prescribed amount in the last complete income tax year or in such subsequent period as a deciding officer or an appeals officer may consider appropriate,

(d) satisfies the contribution conditions in section 111, and

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

[1992, s. 25(1)(b)]

(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 specified in regulations.

[ S.I. No. 237 of 1992 , A. 6(b)]

(3) A woman shall be disqualified for receiving deserted wife's benefit if and so long as she and any person are cohabiting as husband and wife.

[1981, s. 100 (4); 1992, s. 26(1)(a)]

(4) In this Chapter—

“relevant time” means—

(a) the date on which the husband attained pensionable age or the date before he attained that age on which he and his spouse are determined to have commenced living apart from one another, or

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

(i) if she attained pensionable age before the date on which she is determined to have commenced living apart from her husband, the date on which she attained that age, or

(ii) the date on which she is determined to have commenced living apart from her husband;

“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 111(1)(b).