It is a condition for entitlement to one-parent family payment for separated persons that the claimant makes reasonable efforts, in the particular circumstances, to obtain maintenance from their spouse.
My Department has explained the position in this regard to the person concerned. The Deputy himself is also aware of the position as outlined in the debate on the Adjournment on 18 May 1999.
The latest evidence available to the Department is that the spouse of the person concerned is now working and should, therefore, be in a position to provide maintenance. The Department is obliged to ensure that in such circumstances the claimant seeks maintenance and advised her to contact the District Court with a view to getting a maintenance order. She was also asked to provide certain other information to enable her means to be assessed.
The approach being adapted in this case is the standard approach in dealing with claims for one-parent family payment, viz. the same approach as has been adopted to this scheme since the inception of this scheme on 1 January 1997 and to the previous schemes of lone parent allowance and deserted wife's benefit and allowance schemes dating back to the 1970s. The person concerned did not supply the evidence required or demonstrate reasonable efforts to get maintenance, and her claim was accordingly refused on 29 April 1999. She was informed of this decision and of her right to appeal to the Social Welfare Appeals Office.
If there has been any relevant change in the circumstances of the person concerned, she should inform the Department and her entitlement to one-parent family payment will be re-assessed.