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Dáil Éireann debate -
Wednesday, 24 Nov 1993

Vol. 436 No. 2

Written Answers. - Deserting Parents' Maintenance Payments.

John Bruton

Question:

48 Mr. J. Bruton asked the Minister for Social Welfare the number of deserting parents from whom his Department is collecting maintenance for children under new powers in the Social Welfare Bills of 1991 and 1992; and the proportion that this represents of the cases in which his Department is providing income maintenance to the deserted spouse.

The "liability to maintain family" provisions are now contained in Part IX of the Social Welfare (Consolidation) Act, 1993. These provisions are based on the widely-accepted obligation on people to maintain their spouses and their children. Under the legislation, where a marriage breakdown occurs and a family is dependent on social welfare income maintenance, the person who is liable to maintain that family must contribute to my Department towards the cost of the family's income support.

The scheme commenced on 29 November 1990. To date, over 10,000 cases have been examined by my Department. It is not always possible to trace the current whereabouts of deserting spouses; some emigrate, almost all change address.

Potential liable relatives were traced in 2,304 cases. Initial examination indicated a potential ability to pay a contribution under the scheme. After further detailed assessment, my Department has accepted that 731 of these are unable to make a contribution for a variety of reasons.

The remaining 1,573 cases, and new cases as they arise, are in various stages of investigation. Of this group, 271 determinations of liability have issued to liable relatives. So far, 78 of these liable relatives are making payments to my Department towards the cost of lone parents (separated spouses) allowance, deserted wife's allowance or deserted wife's benefit to their spouses. These liable relatives pay either by way of regular direct contribution to my Department or through family law court orders which are transferred to my Department.

In addition to these payments, the operation of the maintenance recovery provisions also yield some direct savings on scheme expenditure. These arise as a result of the withdrawal of some claims which were actively in payment. For example, some spouses make direct arrangements to provide support to their families once the Department intervenes. It is expected that the contributing group will grow significantly as my Department concludes its investigations on the many other cases on hands.
Changes to the liability to maintain provisions in 1992 strengthened powers of collection and enforcement. Legal proceedings are being considered in a number of cases where the liable relative has failed to comply with the legislation.
The present system for tracing deserting spouses is labour intensive and slow. It is planned to periodically review cases which could not be traced in the past on an ongoing basis. Major improvements in the computer systems in my Department currently underway will assist this ongoing review process. I expect that these measures will increase substantially the number of liable relatives making a contribution towards social welfare support for their deserted or separated spouses and their children.
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