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.