Róisín Shortall (Dublin North West, Labour)
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Question 235: To ask the Minister for Social and Family Affairs the basis for the policy of denying entitlement to former deserted wife's benefit recipients as in the case of a person (details supplied) in Dublin 9, whose material circumstances are the same now as they were when they left the payment; where this is specifically provided for in legislation; if he will have examinations made into the difficult transition arrangements faced by such applicants, in particular in relation to training, re-skilling, education, and income adjustment and undertake a policy review in this regard; and if he will make a statement on the matter. [39387/05]

Séamus Brennan (Dublin South, Fianna Fail)
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Deserted wife's benefit is a payment made to a woman deserted by her husband. Entitlement to payment is based on social insurance contributions paid by the wife or her husband. Following the introduction of the one-parent family payment in 1997, the deserted wives benefit scheme was discontinued with effect from 2 January in that year. The scheme for deserted wives under social insurance has been retained to the extent that existing entitlements already acquired prior to 1997 have been preserved.

A person who qualified for deserted wife's benefit must continue to satisfy a number of conditions to retain entitlement to the payment. She must: have at least one qualified child residing with her if under 40 years of age or be over 40 if she has no qualified child; not have earnings exceeding €17,776.33 per annum, which applies only to claims for deserted wife's benefit made on or after 31 August 1992; be inadequately maintained by her husband; continue to make appropriate efforts to obtain financial maintenance from her husband; not be cohabiting with any person as husband and wife; and not have resumed living with her husband.

Deserted wife's benefit is payable for as long as a person continues to satisfy the qualifying conditions and is not disqualified for any reason. Once the benefit is terminated, a person cannot reapply again for this payment. However, there are two exceptions: where payment of deserted wife's benefit is terminated because a person is under 40 years of age and she no longer has a qualified child resident with her, she can re-apply for deserted wife's benefit when she reaches age 40; where deserted wife's benefit recipients who are disqualified from receiving payment because they leave the State can again become entitled to the payment if the period of disqualification does not exceed 12 months. The conditions for receipt of deserted wife's benefit are laid down in section 178 of the Social Welfare (Consolidation) Act 2005.

I understand that in the case to which the Deputy is referring, the applicant had her payment terminated after she informed my Department that she was cohabiting with her partner. There is no provision where someone who leaves the scheme can re-apply for deserted wife's benefit when the condition which caused them to lose their entitlement — in this case, cohabitation — ceases, other than the two exceptions mentioned above.