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Annual Report of the Ombudsman 2004

Chapter 3 - Department of Social and Family Affairs - Deserted Wife’s Allowance Refused

Department of Social and Family Affairs

Deserted Wife’s Allowance Refused

One-Parent Family Payment (OPFP) replaced a number of schemes, including Deserted Wife’s Benefit (DWB) and Lone Parents’ Allowance (LPA), in 1997. A person’s entitlement to OPFP ceases once they have no dependent child/children. However, a person in receipt of DWB may continue to be entitled to payment without a dependent child. In order to qualify for payment of DWB a woman had to prove that she had been deserted by her husband. She could be regarded as being deserted if her husband had, of his own volition left her, or his conduct resulted in her leaving him with just cause.

The complainant in this case applied for DWB in March 1995. She said that she supplied all the necessary documentation in support of her desertion by her husband which included evidence of her application to the Circuit Court for a Judicial Separation. However, having examined her application the Department wrote to her in September 1995 to request further details from her about her desertion. She claimed that she did not receive this letter.

In March 1996 the Society of St. Vincent De Paul wrote to the Department enclosing evidence that the complainant’s husband had given an undertaking to the Circuit Court that he would stay away from the family home until the Judicial Separation application had been heard. This was subsequently granted in December 1996. The Society also asked for an up to date position with regard to the DWB application. On receipt of this information the Department commenced payment of LPA to the complainant. However, no details were furnished to the Society about the status of the DWB application.

The complainant subsequently learned in November 2003 that, because her son would be 18 years of age that month, and was not in full-time education, he would no longer be regarded as a child dependant. Consequently, payment of her LPA (at that time it was called OPFP) was to cease. She contacted my Office at that stage.

In the course of my examination of the case I obtained the Department’s files. Having examined the files I put it to the Department that it appeared to me that the complainant had provided sufficient evidence at the appropriate time to support her claim of desertion by her husband. She had provided evidence of her application for a Judicial Separation, an undertaking by her husband to stay away from the family home and a copy of the Judicial Separation itself which was subsequently furnished by her to the Department. I also formed the view that simply awarding her LPA, rather than dealing with the specific enquiry concerning the status of her DWB application, could be regarded as contrary to fair or sound administration.

The Department agreed to review its decision and payment of DWB was put in place in November 2004. Payment will continue until the complainant reaches pension age regardless of whether she has a dependent child or not, provided of course, she continues to satisfy the conditions for receipt of DWB. Appropriate arrears amounting to €4,269 were also paid to the complainant as her claim was backdated to 1 June 1995 (three months after the date of desertion in accordance with the regulations governing the payment of DWB).

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