Vol. 486 No. 4
28 Mr. Deasy asked the Minister for Social, Community and Family Affairs the plans, if any, he has to increase the amount of maintenance payments of deserted and separated spouses in line with inflation and social welfare increases; and if he will make a statement on the matter. [2736/98]
Maintenance awards to deserted and separated spouses are dealt with through the Family Law courts on the basis of the Family Law (Maintenance of Spouses and Children) Act, 1976, as amended by the Courts Act, 1991, for which my colleague the Minister for Justice, Equality and Law Reform, has responsibility.
It recently came to my notice from a conversation with a constituent that a lady who is legally separated from her husband has not received an increase in her maintenance since 1991. I thought the maintenance allowance increased in line with social welfare increases, but apparently that is not the case. Can the Minister do something about this?
That is a matter primarily for the husband and wife concerned and the courts. It is not an issue for my Department or for the Department of Justice, Equality and Law Reform. Maintenance is a private matter. The lone parent's payment was initiated by my Department as a safety net for deserted wives in particular. The question the Deputy raised relates to maintenance between a husband and wife and any increase is a matter for the courts.
Would she have to go back to court to have it increased?
Will the Minister examine the question of the amount of maintenance that would be disregarded for the purpose of assessing lone parents?
That matter is more relevant to the budget, but I will consider it.
Would she have to go back to the court?
Yes.
