Vol. 476 No. 1
91 Mr. Gregory asked the Minister for Social Welfare if he will review the decision directing a person (details supplied) in Dublin 8 to return £50 maintenance per week from her husband to his Department in view of the cost of the court proceedings borne by the person to obtain maintenance. [6393/97]
Under the "Liability to Maintain Family" provisions under social welfare legislation, the spouse of a person receiving, inter alia, alone parent's allowance must contribute to the Department towards the cost of that allowance in respect of his or her 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. Where agreement to the transfer of such an order is not forthcoming, provision is also made for reduction of the relevant social welfare payment.
The person concerned is receiving lone parent's allowance at the rate of £94.90 per week for herself and two dependent children. She was awarded £50 per week maintenance for her children in the Circuit Court under the Judicial Separation and Family Law Reform Act of 1989. She is required, under the social welfare legislation mentioned, to transfer this maintenance order to the Department and the position has been explained to her. There is no provision in the law to make allowances for legal expenses. The person concerned indicates that her legal costs were £600. However, since getting the order in March 1992 she has received £13,000 in maintenance which has not been sought for recovery by the Department.
