Written Answers. - Maintenance Transfer Arrangement.
Frank Crowley
Question:
28
Mr. Crowley
asked the
Minister for Social Welfare
if he will waive the requirement that a person (details supplied) in Cork sign over to his Department maintenance of £80 which she receives from her husband in view of the fact that it will cause hardship for herself and her three children to do without this money in the weekly household budget and in view of the fact that she has high mortgage repayments along with other major debts.
The person concerned is in receipt of deserted wife's benefit from my Department at a rate of £128.60 per week for herself and four dependent children. She was also awarded £80 per week maintenance under the Family Law (Maintenance of Spouses and Children) Act, 1976 in the District Court, Cork on 18 March, 1992.
The "Liability to Maintain Family" provisions contained in Part IX of the Social Welfare (Consolidation) Act, 1993 specify the obligation on people to maintain their spouses and 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.
This liability may be offset by the transfer to my Department of any maintenance payments which they are making to their spouse in compliance with an order of court. When the person concerned was awarded deserted wife's benefit her husband became liable to contribute to my Department towards that benefit. Because he is paying maintenance on foot of a court order the legislation requires that the moneys payable to the court must be transferred to my Department to offset his liability. I am not in a position under the legislation to waive this requirement.
The person concerned was asked to consent in writing to this transfer arrangement on 26 May, 1994. She telephoned my Department when she received this request to transfer to ask if she had to transfer the maintenance payments. My Department informed her that if she did not comply with the request her weekly rate of benefit may have to be reduced by the amount of the maintenance payments i.e. £80. Her consent has not been received to date.
If the person concerned signs her consent to the transfer of the maintenance payments she will continue to receive her deserted wife's benefit in full each week from my Department while she meets the qualifying conditions. If she refuses to transfer the maintenance payments then the legislation provides that her weekly rate of benefit may have to be reduced by £80. Regarding the question of mortgage repayments, the Department has taken the view that in cases where it is stated in the court order that the amount which the maintenance debtor is to pay the maintenance creditor is in respect of a mortgage, or part of it is in respect of a mortgage, the amount in respect of the mortgage would not normally be transferrable to my Department.
In the light of the Deputy's question, I have asked my Department to contact the person concerned again to verify the situation in relation to her mortgage, and to resolve her maintenance transfer obligations based on that information.
