Dáil Éireann Debate, Tuesday - 6 November 2012
555. Deputy Róisín Shortall asked the Minister for Social Protection if she will agree to attachment of earnings applications so that lone parents can ensure receipt of child maintenance payments from the other parents where this other parent's main source of income comes from her Department; and if she will make a statement on the matter. [47995/12]
View answerThe issue of maintenance payments is first and foremost a private matter for the persons concerned, and if they cannot resolve the problem, for the courts through family law provisions. The Liability to Maintain Family provisions contained in the Social Welfare Consolidation Act 2005 are completely separate to family law legislation. Any applications to the courts under family law for a maintenance order or attachment of earnings against the other parent are made through the courts service and are not the responsibility of the Department.
The Department is responsible for implementing the Liability to Maintain Family Provisions 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. 571 of 2006 and S.I. 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. When assessed in line with the current regulations, persons in receipt of a social welfare payment from my Department are determined to have a nil contribution due.
