The Department is responsible for implementing the Liability to Maintain Family Provisions, as provided for in Part 12 of the Social Welfare Consolidation Act 2005, as amended. The methods of assessment of the liable relative's ability to pay are specified in detail in Regulations (S.I. No. 571 of 2006 and S.I. No. 142 of 2007).
In every case where a one-parent family payment is awarded, the Department seeks to trace the other parent (liable relative) in order to ascertain whether he or she is in a financial position to contribute towards the cost of the one-parent family payment. Persons in receipt of a social welfare payment from my Department are not asked to contribute, as, when assessed in line with the regulations, they are determined to have a nil contribution due.
The Liability to Maintain Family Provisions, contained in the 2005 Act, are completely separate to family law legislation. Applications to the courts under family law for a maintenance order are made through the courts service and are not the responsibility of this Department.
