Bernard Durkan (Kildare North, Fine Gael)
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234. To ask the Minister for Employment Affairs and Social Protection if her Department recognises a foreign divorce in the case of a person (details supplied) and approves their application for widow's pension; and if she will make a statement on the matter. [49477/17]

Regina Doherty (Meath East, Fine Gael)
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To qualify for a widow(er)’s or surviving civil partner’s (contributory) pension, the surviving spouse must be deemed, under Irish State Law, to be the legal widow of the deceased.

The late husband of the person concerned was previously married in Ireland and subsequently divorced in the United Kingdom. In order for a foreign divorce to be recognised in this State, one of the parties to the divorce must be domiciled in the country granting the divorce when proceedings were initiated. The legislative provisions pertaining to the recognition of divorces outside the State are set out in Section 5 of the Domicile and Recognition of Foreign Divorces Act, 1986.

Entitlement of the person concerned to widow’s pension was examined. Based on the evidence available to the Deciding Officer, the deceased spouse of the applicant was previously legally married in Ireland. Both he and his spouse were domiciled in Ireland at the time their divorce proceedings were initiated in the United Kingdom. Therefore, the divorce that took place in the United Kingdom, is not recognised in this State. Consequently, the deceased’s marriage to the applicant is not recognised under Irish State law.

As the deceased’s marriage to the applicant is not recognised under Irish state law, the person concerned does not qualify for widow’s contributory pension, and was informed in writing of this decision on 10 November 2017.

If the person concerned is not satisfied with the deciding officer’s decision, they can appeal the decision to the independent Chief Appeals Officer, Social Welfare Appeals Office, D’Olier House, D’Olier St., Dublin 2.

Additionally, it is open to the person concerned to apply for Supplementary Welfare Allowance from their local community welfare service accessed through the nearest Intreo Centre, if the resources currently available to her are insufficient to meet her needs.

I hope this clarifies the matter for the Deputy.