Dáil Éireann debate -
Tuesday, 18 May 1999

Vol. 504 No. 7

Adjournment Debate. - Social Welfare Benefits.

Mr. Durkan

I thank you, Sir, and your staff for allowing me the opportunity to raise this issue. This case concerns a constituent who applied for one-parent family payment in autumn 1998. As is usual in such cases, the Department of Social, Community and Family Affairs advised her to take steps to obtain maintenance from her husband. Later in the year she took the case to the District Court which found in favour of the husband on the basis that he had insufficient resources to meet the demands. The lady and her children continue to survive on supplementary welfare.

I intervened in the case some months ago and was of the opinion that the payment would be made. Payment has not been made. At this moment the Department of Social, Community and Family Affairs want the unfortunate lady to go back to the District Court because it has discovered the husband may have got a job in the meantime. I am not sure about that. I have no evidence to support that theory. However, I am alarmed that the procedures in the Department of Social, Community and Family Affairs should be operated in this fashion. The law as passed several years ago is to the effect that in such cases the lady takes reasonable steps to obtain maintenance from her husband. The law also understands that a person in that situation is very vulnerable and does not have the resources to chase indefinitely a partner to ensure she gets her entitlements. The law never intended that the family would be disadvantaged in the way this family has been disadvantaged.

This lady has been on supplementary welfare for the past six months and has taken her case to the District Court. By virtue of the intransigence of the Department of Social, Community and Family Affairs she has failed to receive any payment. I do not know what exactly is happening, although I have a fairly good idea. I ask the Minister of State to take it upon himself to ensure an investigation is carried out as to why this person is being treated in this fashion. The person in these circumstances is dependent on whether a payment is made, whether the husband pays maintenance and, to a certain extent, on charity. That should not be. The law is there to protect people.

I hope I do not anticipate the reply. If it is the reply with which we are familiar, I hope the Minister of State opposite will have the gumption to telephone the Department and say this is not acceptable, this is not the way the system is supposed to operate and that he wants something done about it.

Some of us on this side have been in that situation, carrying someone else's portfolio, and had to telephone the relevant Department and say "you stood me up with something last evening, I am not happy about it, I need you to investigate it". I give notice that I will raise this matter again in the House and at every opportunity. No applicant for a social welfare payment should be treated in this fashion. It is cynical. At a time when we are supposed to be part and parcel of the Celtic tiger, it is sad we should descend to this level to punish an individual for something over which she has no control.

Dr. Moffatt

I thank Deputy Durkan for raising this issue. The determination of entitlement under the statutory one-parent family payment scheme – or for that matter entitlement under any other statutory social welfare scheme – is not a function of the Minister. Under the relevant legislation, these are matters for deciding officers and, in the event of an appeal, for appeals officers appointed in accordance with the provisions of the Social Welfare Acts.

There is an obligation on all claimants for one-parent family payment to make, and continue to make, appropriate efforts in the particular circumstances to obtain maintenance in respect of themselves and/or their children from their former spouse or partner. This well established obligation reflects the general policy of the scheme that, in so far as possible, one-parent families should be maintained by their former spouses or partners rather than have to rely on social welfare support. In determining entitlement, the deciding officer or appeals officer, as the case may be, must be satisfied that all the conditions are satisfied – including the requirement to make efforts to seek maintenance.

The position in the case in question is that the person concerned made an application for one-parent family payment on 5 October 1988. She was interviewed by a local officer of the Department on 23 October 1998 and was then informed of her obligations to seek maintenance from her spouse. Efforts were also made by the Department to interview her spouse but he failed to make himself available for interview.

While these inquiries were under way, the person concerned applied to the courts for a maintenance order. The result of this application, which was heard on 10 November 1998, was not reported by her to the Department until much later, even though the Department had been in correspondence with her on matters relating to the separation in the meantime.

Information that her maintenance order application had been refused, as her spouse was not in employment then and therefore not in a position to make maintenance payments, was not received by the Department until the end of March 1999. This information was sent to the Department by the Deputy on her behalf following his representations in the case.

By then the Department had been aware that the spouse of the person concerned had resumed employment in January 1999. For this reason she was asked by the Department in April to make renewed efforts to obtain maintenance from her spouse as there was a reasonable prospect that he would be able to maintain her and her child. When she did not respond to this request, her application was refused on 29 April 1999. She was informed of this decision and of her right to appeal to the independent social welfare appeals office. The person concerned is in receipt of supplementary welfare allowance at the rate of £94.80 per week.

It would be in the best interests of the person concerned to again apply for a court maintenance order against her spouse as soon as possible. In the event that she does so, she should notify the Department of the outcome of her maintenance application. On receipt of this information, her entitlement to one-parent family payment will be reviewed and she will be notified of the result as soon as possible.

I know the Deputy has experience of this side of the House.