Dáil Éireann debate -
Tuesday, 25 Jun 1996

Vol. 467 No. 4

Written Answers. - Social Welfare Benefits.

Mary O'Rourke

Question:

225 Mrs. O'Rourke asked the Minister for Social Welfare if he will review the case of a person (details supplied) in County Westmeath whose circumstances have changed in that her separated spouse has now been given a ticket of leave from his position and the person in question was subject to a social welfare maintenance recovery order which order is not now relevant in the changed circumstances of her separated spouse. [13912/96]

Mary O'Rourke

Question:

226 Mrs. O'Rourke asked the Minister for Social Welfare if he will review the case of a person (details supplied) in County Westmeath on whom a maintenance recovery order has been served by his Department; and if his attention has been drawn to the fact that this person has reared her child to secondary school level without any recourse to community welfare or supplementary welfare benefits. [13169/96]

Minister for Social Welfare (Proinsias De Rossa)

It is proposed to take Questions Nos. 225 and 226 together.

Under the "Liability to Maintain Family" provisions of the Social Welfare (Consolidation) Act, 1993, the spouse of a person receiving, inter alia, deserted wife's benefit must contribute to the Department towards the cost of that benefit in respect of his family. This liability may be offset, in whole or in part, by the transfer to the Department of any maintenance payments which are being made in compliance with a court order.

The person concerned was awarded £60 per week maintenance for herself under the Family Law (Maintenance of Spouses and Children) Act, 1976 in the District Court. She is receiving deserted wife's benefit at the maximum rate of £85.10 per week for herself and one dependent child. She is also receiving half-rate disability benefit of £32.25 per week since August 1995. Prior to that she was in various employments and received half-rate unemployment benefit periodically in addition to her deserted wife's benefit.

The Department has been seeking for some time the consent of the person concerned to the transfer of her maintenance order moneys in accordance with legislation. She was informed on 11 June 1996 that if her signed consent to the transfer of the maintenance payments (net of any mortgage repayment for which she is solely responsible) was not received within 14 days a reduction would be applied to her weekly rate of deserted wife's benefit.

The legal provisions are based on the widely accepted obligation on people to maintain their spouse and children. The payment of deserted wife's benefit guarantees the person concerned a regularity in weekly income which she might not otherwise enjoy if solely dependent on maintenance payments. The transfer of a maintenance order ensures this continuity of social welfare income and, at the same time, compliance with the "Liability to Maintain Family" provisions mentioned above.

If the spouse of the person concerned is successful in an application to the District Court to have the family law maintenance order varied or set aside in the light of his current employment circumstances, the Department will review the position. Otherwise, agreement to the transfer of the existing order is required. In the event that this is not agreed to by the person concerned the Department will have no option but to make an appropriate reduction in her rate of deserted wife's benefit.