TY  - SER
AU  - Hughes, John
TI  - Battered woman's syndrome and 'interdependence' as factors in establishing conjugal status in social security law
SN  - 1172-9597
PY  - 1999///
CY  - Hamilton
PB  - University of Waikato
KW  - FVC
KW  - DOMESTIC VIOLENCE
KW  - JUSTICE
KW  - LEGISLATION
KW  - POLICY
KW  - SOCIAL SERVICES
KW  - WOMEN
KW  - INTIMATE PARTNER VIOLENCE
KW  - NEW ZEALAND
N1  - Waikato Law Review 7 1999 : 104-146
N2  - This article examines the concept of the conjugal status principle in determining whether benefit fraud had been committed in an 18-year relationship where domestic violence had been a regular occurrence. A Court of Appeal decision in "Ruka v. Department of Social Welfare" (1997), made a radical departure when it redefined the concept 'de facto' marriage for social security purposes. Financial interdependence, emotional commitment and issues raised by battered woman's syndrome (the three key ingredients in the Appeal decision), are discussed in detail. The Department of Social Welfare's response to the Ruka case, and the resultant legislative aftermath, which involved a proposed bill, are traversed. Although battered woman's syndrome was not central to the decision in the Ruka case, it featured significantly in the proposed bill. This bill sought to allow the Department of Social Welfare to ignore domestic violence when establishing a marriage-type relationship, and to remove social security support for battered women after a six-month period as an incentive to leave the relationship
UR  - http://www.nzlii.org/nz/journals/WkoLRev/1999/5.html#Heading4
ER  -