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

597. To ask the Minister for Employment Affairs and Social Protection her plans to review and repeal the decision whereby widow's, widower's and survivor's pensions 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. [11586/18]

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 divorced 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. 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.

The evidence available to the Department indicates that both parties to the divorce were domiciled in Ireland at the time their divorce proceedings were initiated in Northern Ireland. Therefore, in accordance with the Domicile and Recognition of Foreign Divorces Act, 1986, the divorce cannot be recognised under Irish State Law.

The person concerned subsequently married his late wife in Northern Ireland. As the foreign divorce cannot be recognised, the subsequent marriage cannot be recognised, and the person concerned cannot be deemed, under Irish State Law, to be the legal widower of the deceased. Consequently, there is no entitlement to widower’s contributory pension.

It is open to the person concerned to apply to the Family Law Court to have a declaration made under Section 29(1) of the Family Law Act 1995 as to whether the divorce obtained in Northern Ireland should be entitled to recognition in the Irish State.

Additionally, the person concerned may appeal the decision of the Deciding Officer to the independent Chief Appeals Officer, Social Welfare Appeals Office, D’Olier House, D’Olier St., Dublin 2.

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 them are insufficient to meet their 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.