Bernard Durkan (Kildare North, Fine Gael)
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596. To ask the Minister for Employment Affairs and Social Protection her plans to review and repeal the decision whereby widows, widowers and survivors pension are not payable to persons married here following an overseas divorce; if it is recognised that the operation of this provision is likely to cause serious consequences in the future and hardship in the interim for persons (details supplied); and if she will make a statement on the matter. [11585/18]

Regina Doherty (Meath East, Fine Gael)
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To qualify for a widow’s, widower’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 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. Responsibility for this legislation lies with the Minister for Justice and Equality. In accordance with that Act, a foreign divorce will be recognised in this state, if one of the parties to the divorce was 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, in accordance with the Domicile and Recognition of Foreign Divorces Act, 1986, the divorce is not recognised under Irish State Law.

As the foreign divorce cannot be recognised, the subsequent marriage to the person concerned cannot be recognised, and the person concerned cannot be deemed, under Irish State Law, to be the legal widow of the deceased. Consequently, there is no entitlement to widow’s contributory pension.

The person concerned was informed of this decision in writing on the 10^thNovember 2017 and has appealed the decision to the Independent Chief Appeals Officer. The Appeals Office will contact the person concerned directly regarding the outcome of their appeal.

The person concerned can 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 have no plans to review or change the eligibility criteria for widow’s, widower’s or surviving civil partner’s (contributory) pensions at this time.

I hope this clarifies the matter for the Deputy.