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Dáil Éireann debate -
Thursday, 9 Nov 2000

Vol. 525 No. 4

Other Questions - Maintenance Payments.

Olivia Mitchell

Question:

8 Ms O. Mitchell asked the Minister for Social, Community and Family Affairs the action he will take to ensure maintenance payments are made by parents; if he is considering changes in this area; his response to recommendations in a recent report on one parent families in this regard; and if he will make a statement on the matter. [25049/00]

Under social welfare legislation applicants for one parent family payment are required to make ongoing efforts to seek adequate maintenance from their former spouse or the parent of their child in the case of unmarried applicants. Normally, such maintenance is obtained by way of informal negotiation or by court order under family law, though separated couples are increasingly using the family mediation service which my Department has been progressively extending countrywide.

Under the liability to maintain family provisions of the Social Welfare Acts, a person has a legal responsibility to support his or her spouse and dependent children. Where social welfare support is being provided for the one parent family, the other parent is legally liable to contribute to the cost of the payment. In implementing these provisions to date the Department has concentrated on those cases where the liable relatives concerned, being in employment or self-employment, appear to be in a better financial position to make a contribution towards the relevant benefit or allowance being paid by the Department to their families.

One of the main conclusions of the review of one parent family payment conducted by my Department and published on 5 September was that the increasing cost of the scheme will place more focus on the arrangements for maintenance provisions and the way society views parents who do not take financial responsibility for their children at the State's expense.

On the issue of maintenance, the review sets out a very comprehensive analysis of the options in this area. It recommended that the system should be enforced more vigorously while bearing in mind value for money considerations. My Department is actively considering the implications of this.

Two other recommendations in the review were that one parent family payment claimants be allowed to retain 50% of any maintenance they secure as an encouragement to seek maintenance; and that lump sum payments made by a liable relative should be regarded as a contribution towards his or her obligation to the Department in respect of social welfare payments issued to the other partner.

I am examining these options in the context of further improvements generally in the social welfare system.

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