Noel Ahern (Dublin North West, Fianna Fail)
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Question 233: To ask the Minister for Social and Family Affairs the reason behind the decision to treat women on deserted wives benefit up to 1992 differently to those on the benefit after 1992; if she will explain the logic behind the change; the numbers of women still claiming pre-92 benefit; the benefit they receive; when benefit ceases; if the decision was ever legally tested by persons who have been reduced or cut off lone parents in recent years; and if she will make a statement on the matter. [10906/10]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The Deserted Wife's Benefit is a payment issued to a woman who has been deserted by her husband. Entitlement to the payment is based on the social insurance contributions paid by the woman or by her husband. The scheme was closed off to new applications with effect from 2 January, 1997, when the One-Parent Family Payment was introduced. Thereafter, both lone parents and deserted wives with qualified children came to be supported under the One-Parent Family Payment, with the resultant increases in income limits being focused on this scheme.

No income disregard applies to persons in receipt of the Deserted Wife's Benefit who registered their claim on or before 30 August, 1992. The Social Welfare Act, 1992, introduced an income disregard for entitlement to the payment for new applicants from 31 August, 1992. The principal reason for introducing this income disregard was that resources would be more effectively targeted towards those deserted wives who required an additional supplement to their income up until the time when they would be able to support themselves. This is consistent with other social insurance payments that seek to support claimants during short-term periods of unemployment and/or illness. With the exception of those recipients of the Deserted Wife's Benefit who first claimed the payment prior to 31 August, 1992, the only social insurance payments that are long-term in nature are to those people who are unable to return to work either through retirement or through prolonged disability or illness.

The income disregard is the main component of the employment support policy both for those in receipt of the Deserted Wife's Benefit and for those in receipt of the One-Parent Family Payment.

The current income disregard for the Deserted Wife's Benefit is €20,000. This limit was brought into effect from 3 May, 2007, and represents a substantial increase on the previous income disregard whereby claimants who were earning more than €12,697 per annum received a reduced payment and claimants who were earning more than €17,776 lost their entitlement to the payment altogether. The current arrangement effectively allows recipients of the Deserted Wife's Benefit to earn up to €384 per week and still retain full entitlement to a maximum benefit of €201.50 if aged under 66 years and of €230.30 if aged 66 years or over.

Recipients of the Deserted Wife's Benefit whose annual income exceeds €20,000 are also entitled to a half-rate transitional payment for a period of six months and may be eligible for further financial support through the Family Income Supplement scheme thereafter.

As of 31 December, 2009, a total of 8,737 people were in receipt of the Deserted Wife's Benefit – approximately 67%, or two-thirds, of whom applied to the scheme prior to the introduction of the income disregard on 31 August, 1992. A person who qualified for Deserted Wife's Benefit prior to 31 August, 1992, can retain entitlement to the payment so long as she continues to satisfy the following conditions: · have at least one qualified child residing with her if she is under 40 years of age, or · be over 40 years of age if she has no qualified child; · be inadequately maintained by her husband; · continue to make appropriate efforts to obtain financial maintenance from her husband; · not be co-habiting with any person as husband and wife, and · not have resumed living with her husband. No legal cases have been taken in respect of the Deserted Wife's Benefit scheme. However, an issue in relation to the scheme is currently being considered by the Equality Tribunal.