Dáil Éireann debate -
Wednesday, 16 Apr 1997

Vol. 477 No. 6

Written Answers. - Maintenance Payments.

Batt O'Keeffe

Question:

15 Mr. B. O'Keeffe asked the Minister for Social Welfare the number of spouses who have abandoned their families and are paying no contribution to their upkeep; and the action, if any, he proposes to take in this matter. [6362/97]

Minister for Social Welfare (Proinsias De Rossa)

I do not have information on the overall number of cases of marital desertion or separation in the country, or of the overall number of spouses who are failing to maintain their families as a result. However, the social welfare system is supporting a significant proportion of families where spouses have deserted them, or where couples have separted for other reasons. At present, a total of 28,600 deserted or separated spouses are receiving a one-parent family payment from the Department.

It is a matter primarily for separated or deserted people themselves in the first instance to seek maintenance from their spouses, using mediation services or by taking action through the courts under appropriate family law provisions. In recognition of this, one of the qualifying conditions for social welfare payment for separated or deserted people requires them to make appropriate efforts to obtain maintenance from their spouses. The purpose of this is to ensure that spouses provide maintenance where appropriate and in accordance with means. Where the maintenance is inadequate the Department of Social Welfare will provide income support based on means. Statistics are not readily available in my Department on the total number of spouses who are successful in their maintenance efforts in this regard as only those who fail to get maintenance or get insufficient maintenance will apply or be eligible for social welfare support.

Where separated or deserted people are receiving a relevant social welfare payment, the Department has powers under the liability to maintain family provisions of the Social Welfare Acts to seek a contribution from the former spouses, or liable relatives, towards that payment. To date some 20,000 cases have been examined to determine liability on the part of liable relatives to contribute to the Department. Of these, 26 per cent of spouses have not been traced, 47 per cent are receiving social welfare payments. The Department has concentrated on the subset of these cases — some 5,300 — where the liable relatives concerned are in employment and in a financial position to make some contribution towards the relevant benefit or allowance to their families. This has proved to be a difficult and protracted process. However, a total of nearly £1.35 million has been collected to date by the Department through this system. Of this subset, some 20 per cent are not in a position to pay, over 7 per cent are paying and 7 per cent are in default; the balance are under investigation. It is intended to extend this process, particularly in relation to spouses who have not been traced to date or who are defaulting on their contribution obligations under this legislation.