Publication
Operational Guidelines: Deserted Wife's Benefit
From Department of Social Protection
Published on
Last updated on
From Department of Social Protection
Published on
Last updated on
Deserted Wife's Benefit is a payment made to a woman deserted by her husband. Entitlement to payment is based on social insurance contributions paid by the wife or her husband. Deserted Wife's Benefit scheme was closed off to new applications with effect from 2 January 1997, when One-Parent Family Payment was introduced.
Deserted Wife's Benefit was introduced in 1973.
See also separate guideline on One-Parent Family Payment.
The provisions relating to Deserted Wife's Benefit are contained in:
The scheme is administered by:
Deserted Wife's Allowance/ Benefit Section,
Social Welfare Services,
College Road,
Sligo
A person who qualified for Deserted Wife's Benefit must continue to satisfy the following conditions to retain entitlement to the payment.
She must:
A woman is regarded as having been deserted by her husband where:
Where a husband and wife resume living together, desertion is no longer deemed to exist.
A person who is divorced from her husband ( being a divorce that is recognised as valid in the State) and has not remarried, continues to be regarded as a deserted wife and qualifies for continued payment of Deserted Wife's Benefit, provided all other qualifying conditions are satisfied for receipt of benefit.
It is not a requirement for a woman to have a qualified child/ren residing with her in order to continue receiving payment of Deserted Wife's Benefit.
A child is regarded as a "qualified child" for Deserted Wife's Benefit purposes, where the child is under 18 years and residing with the person in receipt of Deserted Wife's Benefit. A child over the age of 18 may also be regarded as a "qualified child" up to the age of 22 (or the end of the academic year in which the child reaches age 22) where the child is in full-time education by day in an institution of education.
See separate guideline on Increase for a Qualified Child for more detail on qualified child/ren.
There is no earnings limit operational for persons in receipt of Deserted Wife's Benefit where the claim was made on or before 30 August 1992.
Where claims were made on or after 31 August 1992, the earnings limit for entitlement to Deserted Wife's Benefit is €20,000.00 increased from €12,697.38 a year (gross earnings) effective from 3 May 2007.
Prior to 3 May 2007, where earnings were in excess of €12,697.38 a year, there was an entitlement to a reduced rate of payment of Deserted Wife's Benefit, provided earnings did not exceed €17,776.33 a year (gross) - see below.
Income range and corresponding percentage of personal rate payable
| €12,697.38 - €13,967.11 | 80% |
| €13.967.11 - €15,236.85 | 60% |
| €15,236.85 - €16,506.59 | 40% |
| €16,506.59 - €17,776.33 | 20% |
Earnings may be from employment or self-employment.
Men and women are required under Social Welfare legislation to maintain their spouse and children. A husband who fails to maintain his family, must contribute to the cost of any Deserted Wife's Benefit payment made to his wife, under the Liability to Maintain Family provisions effective from November 1990.
See separate guideline on Liability to Maintain a Family.
Where a person in receipt of Deserted Wife's Benefit is not receiving maintenance from her husband or is receiving maintenance which is less than the appropriate rate of Deserted Wife's Benefit, she is required to make, and continue to make, efforts to obtain maintenance from her husband in respect of herself and qualified children.
In determining whether a wife is being adequately maintained by her husband for the purposes of Deserted Wife's Benefit, mortgage may be offset against any maintenance in payment, up to €95.23 per week.
See Appendix A for what constitutes the making of efforts to get maintenance.
Where a person in receipt of Deserted Wife's Benefit is adequately maintained by her husband i.e. receiving maintenance equal or greater than the rate of Deserted Wife's Benefit, Deserted Wife's Benefit is no longer payable.
Where a person in receipt of Deserted Wife's Benefit is in receipt of a maintenance payment by way of a Family Law Court Order, she is liable to transfer any payments received through the court to the Minister for Social Protection, including any payment made in respect of children.
Deserted Wife's Benefit is not payable while a person is cohabiting with someone.
Deserted Wife's Benefit is not payable once a person remarries.
Deserted Wife's Benefit is not payable where a husband and wife resume living together.
Deserted Wife's Benefit is not payable to a person residing outside the State. A person is however, allowed reasonable absences i.e. up to a maximum of 3 weeks outside the State for the purposes of holidays, attending a funeral etc. and receive payment.
If a claimant leaves the state for a period exceeding 3 weeks, she will be disqualified from receiving payment from the date of departure. However, payment can be restored if the period of disqualification does not exceed 12 months.
See Part 2 and separate guideline on Absence from the State.
A person is disqualified from receiving the personal rate of payment of Deserted Wife's Benefit for any period during which she is undergoing penal servitude, imprisonment or detention in legal custody. Increases for a qualified child may be paid to another person in certain circumstances.
See Part 2 and separate guideline on Payment Related Issues for more detail.
Deserted Wife's Benefit is not payable while a person is cohabiting with someone.
Deserted Wife's Benefit is made up of a personal rate and, where applicable, an increase for qualified child/ren
Contributions and rates payable
| 48 or over | Maximum personal rate is payable. |
| 36 - 47, 24 - 35 | Reduced rates are payable. |
Note: A yearly average of 39 contributions paid or credited over the 3 or 5 years, prior to date of desertion of spouse or pension age, whichever is the earlier, gives entitlement to the maximum rate of pension.
See the Rates Booklet SW 19 which is issued annually for the current rates of payment.
The rate of payment of Deserted Wife's Benefit is increased at age 66 and again at age 80.
An increase in payment is made in respect of qualified child/ren up to age 18, or up to end of academic year (June) of the year in which the qualified child reaches age 22, if s/he is in full time education by day at an institution of education.
The department must be satisfied that the child/ren are normally residing with the person in receipt of Deserted Wife's Benefit and that she is financially maintaining the child/ren. Attendance at the school/college must be certified by the institution in question.
See also separate guideline on Increase for a Qualified Child for more detail on Increase for a Qualified Child.
Community Employment is a training/employment programme administered by SOLAS. Conditions of participation are set down by SOLAS.
Persons in receipt of Deserted Wife's Benefit, with qualified child/ren, are eligible to apply to participate in Community Employment if they are in receipt of Deserted Wife's Benefit for 6 months. Persons who previously had to opt to transfer to One-Parent Family Payment in order to be accepted as a participant on the Community Employment Scheme, may now apply to have their entitlement to Deserted Wife's Benefit restored.
Since 1 January 2012 new participants cannot be in receipt of concurrent Social Welfare Payments. Existing participants in receipt of Deserted Wife’s Benefit will continue to get their Social Welfare Payment until they are no longer eligible to participate in a CE Scheme or they leave the scheme voluntarily.
See separate guideline on One-Parent Family Payment for more details.
Persons in receipt of Deserted Wife's Benefit, are eligible, subject, to certain conditions, to participate in the Back to Education Programme.
Under the Back to Education Programme, a person in receipt of Deserted Wife's Benefit may take up approved second and third level education and retain social welfare payment and any secondary benefits which they are already entitled to. Secondary Benefits are Fuel Allowance , Rent Supplement and Medical Card.
If qualified, a person would receive:
As the Back to Education allowance is not means tested, a person may work to supplement her income.
Application should be made to the department to participate in this scheme as soon as a place has been secured on an approved second or third level course.
See separate guidelines on Back to Education Allowance for more detail.
This scheme is administered by the Department of Education, and is operated through Education and Training Boards (ETB) .To participate, a person must be in receipt of Deserted Wife's Benefit, for 6 months and be at least 21 years of age. Application should be made to the local ETB for a place on a scheme.
Payment of Deserted Wife's Benefit will be made in the normal way while attending a VTOS course. Secondary benefits may also be retained (as above). Application should be made to the department when a place has been secured on a course.
See separate guidelines on Vocational Education and Training Options (VTOS).
Additional allowances and benefits are payable as follows:
Where a person in receipt of Deserted Wife's Benefit is working for an employer and on low income, she may be entitled to this supplement in addition to Deserted Wife's Benefit. Certain conditions apply in relation to hours of work, duration of employment. A means test also applies.
See separate guideline on Working Family Payment for more detail.
Payable to persons aged 66 or over and who are living alone. This would apply where a person is living entirely alone or where the child(ren) is in full-time education living away from home and, as a result, the person is living entirely alone for most of the year.
See separate guideline on Living Alone Increase for more detail.
Payable from October to April if a person is living alone or with qualified children or other categories of exempted persons. Only one Fuel allowance per household is payable. A person must apply for the allowance.
See separate guideline on Fuel Allowance Scheme for more detail.
An increased payment of Deserted Wife's Benefit is made to a person aged 66 and over. There is no need to apply for this increase which is paid automatically by the department.
An additional allowance is payable to persons who are 80 years or over. There is no need to apply for this increase which is paid automatically by the department.
On the death of a qualified child, payment continues for six weeks at the rate of payment at the date of death.
Notification of the date of death should be given to the department at the earliest possible date.
See separate guideline on Payment Methods for more details.
Note: The Bereavement Grant has been discontinued and is not payable for deaths occurring on or after 1 January 2014.
From 27 September 2007 a person who is claiming Deserted Wife's Benefit and who is providing full time care to another person may apply for Carer's Allowance and retain their current payment in full. If she satisfies the conditions for Carer's Allowance it will be awarded at 50% of the personal rate that she would qualify for if she were not in receipt of another social welfare payment. She will also be eligible for Household Benefits and Free Travel.
See Carer's Allowance guidelines for more information.
When a person in receipt of Deserted Wife's Benefit reaches age 66, a Free Travel Pass is issued automatically by the department.
In certain circumstances such a person, aged 66 or over, may also qualify for:
For further detail see guidelines on the Household Benefits Package.
A person may also qualify for:
Benefits available from the relevant Health Service Executive
See separate guideline on Supplementary Welfare Allowance Scheme for further details.
A woman whose husband dies while she is in receipt of Deserted Wife's Benefit, is entitled automatically to Widower’s or Surviving Civil Partners' Contributory Pension at the rate of Deserted Wife's Benefit in payment. If entitlement to Widower’s or Surviving Civil Partners' Contributory Pension, based on a wife's own social insurance contributions or those of her husband, is at a higher rate of payment than the rate of Deserted Wife's Benefit, the higher rate of entitlement will be paid.
See separate guideline for more detail on Widow’s, Widower’s or Surviving Civil Partner’s (Contributory) Pension.
Deserted Wife's Benefit is not payable in addition to other social welfare payments, except in the following circumstances:
(i) Working Family Payment (WFP) may be payable to employed persons on low income in addition to Deserted Wife's Benefit. However, the amount of Deserted Wife's Benefit in payment is assessable as means.
(ii) Blind Pension is payable in addition to Deserted Wife's Benefit to age 66, subject to statutory conditions being satisfied.
(iii) Disablement Benefit at the personal rate is payable in addition to Deserted Wife's Benefit.
(See separate guideline on Disablement Benefit for more details)
Increase for a qualified child is only payable once in respect of a child and is not payable to the husband of the deserted wife on another social welfare payment. There is no half rate increase for a qualified child payable with Deserted Wife's Benefit.
Where a person in receipt of Deserted Wife's Benefit is also in receipt of Blind Pension, payment of increase for a qualified child may be made with both payments.
Deserted Wife's Benefit is payable weekly in advance on a Thursday. Where the day from which payment takes effect is a day in the week other than Thursday, the payment takes effect as from the next following Thursday. The same procedure applies where there is a change in the rate of payment.
There are 2 methods of payment:
Payment may be made by way of a Public Services Card which can be used at a Post Office nominated by a person.
Payment may be made by EFT paid weekly directly into a chosen financial institution.
Any arrears of payment due are paid by cheque.
See separate guideline on Payment Related Issues.
Deserted Wife's Benefit is payable for as long as a person continues to satisfy the qualifying conditions and is not disqualified for any reason.
Note: Once Deserted Wife's Benefit is terminated a person cannot reapply again for this payment.
However, there is one exception:
Where a qualified child dies, payment continues for six weeks at the rate in payment at the date of death. See separate guideline on Payment Related Issues for more detail on after death payments
Stop dates are inserted on the department's computer system as appropriate e.g. to stop the payment of an increase for a child where s/he reaches age 18 and is not continuing in full-time education. Payment may be continued, where a qualified child over 18 is continuing in full-time education. Payment terminates when the qualified child reaches age 22 (or at the end of the academic year (June) in which the child reaches age 22.
When a Public Services card or a cheque from the department is lost or stolen it should be reported to the department immediately. The Gardaí and the Post Office of payment should be also be notified immediately of any such loss or theft. See separate guideline on Payment Related Issues for more detail.
A person who is unable to use her Social Welfare Services card, may have another person nominated to collect payment on her behalf in certain circumstances. See also separate guideline on Payment Related Issues for more details in relation to appointment of an agent.
The department should be notified as soon as possible by phone or in writing. See separate guideline on Payment Related Issues for more details.
Deserted Wife's Benefit is not payable outside of the State.
A person should notify the department if leaving the State and payment will be terminated. Payment may be made in certain circumstances for a short period ( up to 3 weeks) during which a person is temporarily outside the State e.g. on holidays etc.
If a claimant leaves the state for a period exceeding 3 weeks she will be disqualified from receiving payment from date of departure. However, payment can be restored if the disqualification does not exceed 12 months. See separate guideline on Payment Related Issues for more details.
Arrangements may be made for payment where a person is too ill to attend Post Office to cash payment.
See separate guideline on Payment Related Issues for more details.
A person is disqualified from receiving Deserted Wife's Benefit including any increases, for any period during which she is undergoing penal servitude, imprisonment or detention in legal custody.
There are some exceptions to this disqualification i.e. increase for child dependant/s may be paid to another person. See separate guideline on Payment Related Issues for more details.
Social Welfare legislation puts an onus on a person to notify the department of any changes in circumstances which may affect entitlement to Deserted Wife's Benefit.
On being notified of an award or review decision in relation to Deserted Wife's Benefit, a person is issued with a list of circumstances which could affect her continued entitlement to the payment. The person is requested to advise the department of any such changes in circumstances.
The following are some circumstances and events which may affect a person's entitlement to Deserted Wife's Benefit:
Failure to notify the department of any of the above events may result in overpayment an overpayment of Deserted Wife’s Benefit which may be recoverable from a person by way of lump sum repayment or deductions from weekly payment It may equally result in an underpayment of Deserted Wife's Benefit e.g. where earnings have reduced, additional child is born to the family. Effective date of payment of any underpayment of benefit, would normally be decided by reference to legislative and other provisions in relation to late claims.
See at Part 2 of the Widow’s, Widower’s or Surviving Civil Partner’s (Contributory) Pension guidelines and separate guideline on Claims and Late Claims.
See separate guideline on Management of Customer Overpayments and Recovery of Customer Debt for more detail.
A review is initiated when the department is notified of any change in circumstances which may affect entitlement. This review may be carried out by way of a visit from a Social Welfare Inspector or by direct correspondence or phone contact with the person in receipt of Deserted Wife's Benefit.
Periodic reviews are also initiated by the department to confirm that the appropriate payment is being made to the appropriate person and that the qualifying conditions for receipt of Deserted Wife's Benefit continue to be fulfilled.
Where initial enquiries with a person, including written communication, fail to establish the facts as required e.g. current address, current earnings, household composition etc. payment of Deserted Wife's Benefit may be suspended in whole/part until the relevant information has been provided by the person in receipt of Deserted Wife's Benefit.
Where the facts have been established, following a review of the qualifying conditions for payment of Deserted Wife's Benefit, and where a Deciding Officer deems that the qualifying conditions are no longer fulfilled, the person will be so advised in writing. There will be a right of appeal against any such decision.
See also separate guidelines on Decision Making and on Reasons for Decisions.
If an overpayment of Deserted Wife's Benefit has occurred it may be recoverable by the department. See separate guideline on Overpayments and Recovery for more detail.
One of the qualifying conditions for entitlement to Deserted Wife's Benefit is that a person makes and continues to make appropriate efforts to obtain maintenance from her husband.
[Note: Notwithstanding these "efforts" obligations on individuals in receipt of Deserted Wife's Benefit, the department may pursue the liable relative (husband and/or father of qualified child/ren) directly, under the "Liability to Maintain Family" provisions of the Social Welfare Acts, for a maintenance contribution towards the Deserted Wife's Benefit in payment to a wife and/or child(ren).]
The "efforts to obtain maintenance" obligation on persons in receipt of Deserted Wife's Benefit, applies as follows:
If the husband is working and the person in receipt of Deserted Wife's Benefit has not succeeded in obtaining maintenance from him, the person should:
OR
Whereabouts of husband unknown
If a wife does not know whereabouts of her husband, she may be required to provide evidence that she has tried to trace her husband e.g. proof that she had reported him missing to the Gardai.
If wife thinks spouse is resident in another country
Wife may be requested to ask the Department of Social Security (in the case of the UK) to help trace her husband with a view to serving a maintenance summons on him, or to initiate proceedings through the central authority (the Department of Justice) designated in the Maintenance Act 1994, which covers reciprocal maintenance action in EU and a number of other countries.
Documents in respect of an application for payment are retained and are not destroyed until the expiration of ten complete calendar years after the year the claim closed. A random sample of 10% of files due to be so destroyed are retained for archival purposes in accordance with the National Archives Act.