The issue of maintenance payments is first and foremost a private matter for the persons concerned, and if they cannot resolve the issue, for the Courts through Family Law provisions. However, in every case where a one parent family payment (OFP) is awarded, the Department seeks to trace the other parent, referred to as the Liable Relative, in order to ascertain whether he or she is in a financial position to contribute towards the cost of the OFP.
The legislative basis for the implementation of the Liability to Maintain Family Provisions is set out 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).
The financial position of each Liable Relative is assessed based on the net weekly income after applicable allowances have been taken into account, as set out in the Regulations. All Liable Relatives assessed with a maintenance liability are notified by the Department and are issued with a maintenance contribution assessment. The amount assessed can be reviewed where new information comes to light about the financial or household circumstances of the Liable Relative.
A Liable Relative is given the option to commence making payments to the OFP recipient or directly to the Department. Maintenance payments paid directly to the OFP recipient are assessed as means and may impact on their weekly payment from the Department.
Information about both the OFP and the Liable Relative schemes is available to the public on the Department’s website at www.welfare.ie.