Social Welfare Consolidation Act 2005 section 178

Transitional provisions- relevant payments

Section 178 provides transitional protection for women who were receiving legacy benefits (deserted wife's benefit, deserted wife's allowance, or prisoner's wife's allowance) before these schemes were replaced by the one-parent family payment in 1996.

• Women already receiving these legacy payments when the 1996 reforms took effect can continue on the old scheme indefinitely, provided their entitlement remains unbroken.
• A woman who lost her benefit because she no longer has a qualifying child living with her can re-qualify for deserted wife's benefit when she reaches age 40.
• If a woman is disqualified from receiving payment for a period of 12 months or less, she can resume her entitlement once the disqualification ends.
• Entitlement to the means-tested allowances (deserted wife's allowance and prisoner's wife's allowance) ceases when the woman reaches pensionable age.