Survivors Pension Case 3

Background:

The appellant was in her sixties and working on a part-time basis. She claimed a Widow’s (Contributory) Pension in 2003 but her claim was rejected on grounds that she was not regarded as the legal wife of the late (person named) under the provisions of Irish legislation.

Oral Hearing:

The appellant was unable to attend the oral hearing and submitted medical evidence to this effect. A solicitor acting on her behalf was present. The Deciding Officer attended at the request of the Appeals Officer.

The Deciding Officer outlined the reasons for her decision. She stated that the late (person named) had been married previously. She reported that he had been granted a divorce in the United Kingdom in June 1975 and that his then wife had been domiciled in Ireland at the time the divorce proceedings were initiated. Later that year, he had married the appellant in the United Kingdom. The Deciding Officer referred to the Domicile and Recognition of Foreign Divorces Act, 1986, under which a divorce is recognised in this state only if one of the parties to the marriage was domiciled in the country in which the divorce proceedings were initiated. She submitted that, based on the social insurance records held by the Department of Social and Family Affairs, the late (person named) was insurably employed and domiciled in Ireland at the time divorce proceedings were initiated, and that his first wife had also been living in Ireland. She referred to EC Regulation 1347/00 which deals with the recognition of divorces. She stated that it came into effect on 1 March 2001 and that it did not apply to divorces obtained before that date.

The appellant’s solicitor reported that she was having great difficulty in accepting that after nearly thirty years of marriage, questions were being asked as to the validity of the marriage. He argued that despite the EU Regulation, women in a position similar to that of the appellant were in a limbo-type situation when it came to entitlement to Widow’s Pension.

Consideration of the Appeals Officer:

The Appeals Officer referred to Section 5 of the Domicile and Recognition of Foreign Divorces Act, 1986, which provides that either party to a divorce must be domiciled in the country granting the divorce. He noted that no evidence had been submitted to indicate that either the late (person named) or his first wife had been domiciled in the United Kingdom. He considered that the fact that the late (person named) had obtained a divorce in the United Kingdom did not establish that he was domiciled there. He concluded that there was no evidence that he or his first wife had been domiciled there for any length of time. He noted the reference made in the written appeal submission to EU Regulation 1347/00 but concluded, as had been indicated at the oral hearing, that the provisions of the Regulation applied only to proceedings entered into after 1 March, 2001. He concluded that it was not relevant, therefore, in the consideration of this case. As a consequence, and having considered all the available evidence, he was not satisfied that the appellant could be regarded as the legal wife of the late (person named) and concluded that she was not, therefore, entitled to a Widow’s (Contributory) Pension.

Outcome:

Appeal disallowed.