We shall move on to paragraph 37 which was discussed briefly at the last meeting when we discussed the Vote. I invite the Comptroller and Auditor General, Mr. Purcell, to reintroduce it to refresh our memory on what was covered and then it will be open to members to contribute.
Paragraph 37 of the report of the Comptroller and Auditor General reads:
37. Recovery of Maintenance Contributions
Introduction
One Parent Family Payment (OPFP) is payment for both men and women who for a variety of reasons are bringing up a child(ren) without the support of a partner. A person who is unmarried, widowed, a prisoner's spouse, separated, divorced or whose marriage has been annulled and who is no longer living with his/her spouse is eligible to apply for payment. The other schemes that may apply in this area are Deserted Wife's Allowance and Benefit.
Liable Relatives and the Recovery of Maintenance
Part III of the Social Welfare Act 1989 (as amended by Part IX of the Social Welfare (Consolidation) Act 1993) imposed an obligation on spouses to maintain each other and their children. The Act also imposed a liability on the spouses or partners of certain social welfare recipients to contribute to the Department of Social, Community and Family Affairs (the Department) towards payments of Lone Parent Allowance and Deserted Wife's Allowance and Benefit. The legislation was effective from 29 November 1990 and was subsequently amended to provide for OPFP when it replaced some of the earlier schemes in 1997.
The issue of maintenance payments is first and foremost a private matter for the persons concerned and if they cannot resolve the problem, for the courts through Family Law provisions. Social welfare payments act as a safety net for people who have failed to obtain adequate maintenance, but those claiming must satisfy the Department that they have made reasonable efforts to obtain such maintenance. The Department encourages the parent caring for the children to pursue the other parent for maintenance in line with the conditions of the OPFP scheme. Take-up of schemes for lone parents has grown significantly over the years. This is mainly due to social change (more births outside marriage, increasing marriage breakdown) but also because scheme conditions have been extended, thus allowing more people to remain qualified - e.g. an earnings disregard of £115 per week on the OPFP scheme now applies.
Persons who are liable to contribute to the maintenance of lone parents and their children who are being supported through OPFP are known as liable relatives. Where the lone parent has failed to secure any, or adequate, maintenance then the Department can take direct action to recover some or all of the cost of OPFP issued to the lone parent. It should be borne in mind that the Department's action to get contributions is aimed at a liable relative target group that has already shown a marked reluctance to make maintenance payments to their spouse and children.
1 Efforts to seek maintenance prior to award of OPFP is not a qualifying condition but unmarried recipients are expected to make efforts to seek maintenance after the OPFP claim is awarded.
2 It is a condition that a separated OPFP claimant must make efforts to seek maintenance before the claim is awarded.