asked the Minister for Social Welfare why a person (details supplied) in Dublin cannot be considered for benefits payable to widows particularly in view of the fact that evidence has been submitted concerning her legal status.

The person concerned has been in receipt of deserted wife's allowance from my Department since March 1974. The allowance is at the same rate as widow's non-contributory pension which would otherwise be payable in her case.

On the death of her husband abroad in 1977 she claimed widow's non-contributory pension. Her application was refused on the grounds that she had not established that she was his widow in law as the death certificate submitted by her showed him to have been divorced. She has, however, continued to be paid deserted wife's allowance.

Her claim was reviewed recently in the light of the documentary evidence submitted by the Deputy but as the legal advice available to my Department is to the effect that a divorce obtained by a person domiciled in another jurisdiction must be recognised as valid here it is not proposed to alter the decision in this case.

Is the Minister of State aware that following the death of this lady's husband a letter of administration was obtained in the High Court certifying she was his legal widow? In those circumstances surely the Department must take cognisance of such a decision or does the Minister of State not agree with a judgment of the High Court?

The advice of the Attorney General in this case was that this was a recognised foreign divorce and the Department followed the legal advice available. The lady's solicitor did not pursue the question of the letter of administration and accepted the point about the divorce in this case. The Department do not have any choice but to accept the law of the land in this case. It is regrettable that the law of the land is so deficient and has not faced up to the anomalies which now exist as a result of many deteriorating situations in the marriage situation here. We had a similar problem earlier in the session. It related to a different problem rather than the specific one here. I have every sympathy with the lady in question, who obviously would prefer to be considered as a widow rather than a deserted wife. In terms of benefit she does not suffer. I can understand that in terms of status she does, but it is not really a matter for the Department of Social Welfare. It is a matter of the law of the land in this case.

Is the Minister satisfied that the Department have followed the law of the land? As far as the law of the land is concerned the High Court ruled that this person was a widow of the deceased at the time of his death. If the law of the land has given this person the status of a widow the Department should do likewise and accept her application in that light.

Our legal advice is that the divorce of a person domiciled outside the State is recognised by the Irish courts as dissolving the marriage here and the application was therefore refused on those grounds.

This is a matter of the law. We cannot go into it here.

I must make it very clear that the law of the land has been pursued in this case and that the High Court, which is the highest court in this land, ruled that this person was the legal widow of the deceased. I cannot accept that the law of the land has been followed in this instance. Surely this person has been adjudged as the widow.

I cannot allow an argument to develop on this matter.

Will the Minister refer the matter to the Department of Justice and refer back to me on this case?

The legal aspect of the matter has been looked into very seriously by us. The situation the Deputy refers to, where she was described as a widow in the particular circumstances, has a different application from the general decision of the status of the marriage in this country. I will certainly have another look at it.

I would appreciate it if the Minister would, because the High Court has ruled otherwise.

36.