Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

547. To ask the Minister for Employment Affairs and Social Protection when a widower's pension will issue in the case of a person (details supplied); and if she will make a statement on the matter. [8363/18]

Regina Doherty (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

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 widower of the deceased.

The person concerned was previously married in Ireland and divorced in Northern Ireland. His subsequent marriage to his late wife took place in Northern Ireland. 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. 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. Based on the evidence available to the Department, it appears both parties to the divorce were domiciled in Ireland at that time.

Therefore the divorce and the subsequent marriage that took place in Northern Ireland are not recognised under Irish State Law. Consequently, there is no entitlement to widower’s contributory pension. A deciding officer notified the person concerned of this decision, in writing, on the 28^thof November 2017.

The person concerned has been afforded the opportunity to appeal the decision to the independent Chief Appeals Officer, Social Welfare Appeals Office, D’Olier House, D’Olier St., Dublin 2.

I hope this clarifies the matter for the Deputy.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

548. To ask the Minister for Employment Affairs and Social Protection when a widow's pension will issue in the case of a person (details supplied); and if she will make a statement on the matter. [8364/18]

Regina Doherty (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

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. 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. 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.

Based on the evidence available to the Deciding Officer, the deceased and his former 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, and the subsequent marriage, are not recognised in this State. Consequently, there is no entitlement to widow’s contributory pension. The person concerned was informed of this decision, in writing, on the 10^thof November 2017.

The person concerned has now appealed this decision to the independent Chief Appeals Office. The Chief Appeals Office will contact the person concerned directly regarding the outcome of their appeal.

I hope this clarifies the matter for the Deputy.