The liability to maintain provisions in social welfare legislation impose a general obligation on spouses to maintain each other and their children, and on parents to maintain their children. In the event of separation or unmarried parenthood, the provisions require spouses or parents, known as "liable relatives" to make regular contributions towards the cost of providing social welfare income support for their families. The rationale underlying these provisions is that, if lone parent families require support through a social welfare payment because of inadequate maintenance, then the State is entitled to recover an appropriate amount from the liable relatives concerned.
In general, I am satisfied that the system operates in a fair manner and strikes a reasonable balance between the income position of the liable relative and their obligations to contribute towards the maintenance of their former spouses and children. The assessment is based on the income of the liable relative net of taxes and other statutory deductions and in determining the amount to be contributed, allowances are made for living expenses, mortage or rent, any maintenance orders being honoured already, and for any dependent children living with the liable relative. Furthermore, there is an over-riding limitation on the amount of contribution to be paid to the Department by a liable relative. This method is intended to realistically assess the ability of liable relatives to contribute, while maintaining the social welfare income position of the one-parent family.
