S.I. No. 178/1974:

SOCIAL WELFARE (DESERTED WIFE'S ALLOWANCE) (AMENDMENT) REGULATIONS, 1974.

SOCIAL WELFARE (DESERTED WIFE'S ALLOWANCE) (AMENDMENT) REGULATIONS, 1974.

The Minister for Social Welfare, in exercise of the powers conferred on him by section 3 of the Social Welfare Act, 1952 (No. 11 of 1952) and sections 21 and 22 of the Social Welfare Act, 1970 (No. 12 of 1970), hereby makes the following Regulations:--

1. (1) These Regulations may be cited as the Social Welfare (Deserted Wife's Allowance) (Amendment) Regulations, 1974.

(2) These Regulations and the Social Welfare (Deserted Wife's Allowance) Regulations, 1970 and 1972 may be cited collectively as the Social Welfare (Deserted Wife's Allowance) Regulations, 1970 to 1974.

2. These Regulations shall come into operation on the 1st day of July, 1974.

3. Article 4 of the Social Welfare (Deserted Wife's Allowance) Regulations, 1970 is hereby amended by the substitution for sub-article (1) of the following sub-article--

"(1) A woman is to be regarded for the purposes of section 22 of the Act of 1970 as having been deserted by her husband if--

( a ) her husband has of his own volition left her and has not at any time during the three months immediately preceding the date of her claim for an allowance lived or cohabited with her, and

( b ) her husband wilfully refuses or neglects to contribute to the support and maintenance of her and her children, and

( c ) she has made and continues to make reasonable efforts within the means available to her to trace her husband's whereabouts and to prevail on him to contribute to the support and maintenance of her and her children, and

( d ) her husband has not resumed living or cohabiting with her."

GIVEN under the Official Seal of the Minister for Social Welfare this 11th

day of June, 1974.

BRENDAN CORISH,

Minister for Social Welfare.

EXPLANATORY NOTE.

These Regulations amend the Social Welfare (Deserted Wife's Allowance) Regulations, 1970 and 1972, by reducing the period preceding the date of claim during which a deserted wife's husband must not have lived with or cohabited with her from six months to three months and by removing the condition which required a deserted wife to make and to continue to make reasonable efforts within the means available to her to prevail on her husband to resume living with her.