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27 1993

SOCIAL WELFARE (CONSOLIDATION) ACT, 1993

CHAPTER 7

Deserted Wife's Allowance

Entitlement to allowance.

[1981, s. 195(1); 1990, s. 13; 1993, s. 38(7); S.I. No. 272 of 1990, A.13(1)]

152.—(1) Subject to this Act and regulations, deserted wife's allowance shall be paid to a woman who—

(a) has been deserted by her husband,

(b) is 40 years of age or over, and

(c) satisfies the conditions as to means calculated in accordance with the Rules contained in Part II of the Third Schedule .

[1981, s. 195(2)]

(2) The rate of deserted wife's allowance shall be the same as the rate of the widow's (non-contributory) pension which would be payable to the woman under Chapter 6 if she were a widow.

Regulations.

[1981, s. 195 (4)(a)]

153.—The Minister may make regulations in relation to deserted wife's allowance and the regulations, may, in particular and without prejudice to the generality of the foregoing, specify the circumstances in which a woman is to be regarded for the purposes of this Chapter as having been deserted by her husband.

Disqualification.

[S.I. No. 272 of 1990, A.30]

154.—A deserted wife shall not, if and so long as she and any person are cohabiting as husband and wife, be entitled to and shall be disqualified for receiving payment of deserted wife's allowance.