Vol. 563 No. 1
565 Mr. Penrose asked the Minister for Social and Family Affairs if the use of enforceable maintenance payments means that there must be a court order in place or if consent orders in relation to maintenance payments will so qualify for the refund; and if she will make a statement on the matter. [7230/03]
Social welfare legislation provides in certain circumstances for the return of amounts of employee, self-employed, voluntary or optional social insurance contributions paid by a contributor in respect of any payment made by him or her in accordance with a maintenance arrangement. In this regard, a maintenance agreement is defined in legislation as being an order of a court, rule of court, deed of separation, trust, covenant, agreement, arrangement or any other act giving rise to a legally enforceable obligation and made or done in consideration or in consequence of the dissolution or annulment of a marriage.
In relation to consent orders, terms and conditions can vary significantly from case to case. Consequently, each order would require examination on its own merits before it is possible to establish whether it is legally enforceable. In the event of an individual consent order being found not to be legally enforceable, no PRSI refund would be due.
