The 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 social welfare legislation, are separate to family law legislation. In every case where a one parent family payment (OFP) is awarded, the Department seeks to trace the other parent (liable relative) in order to ascertain whether he/she is in a financial position to contribute towards the cost of the OFP.
The issuing of a maintenance contribution assessment under the social welfare legislation does not alter an individual's obligation to discharge maintenance payments pursuant to an order of the Court.
A liable relative is given the option to commence making payments to the OFP recipient or directly to the Department.
In 2014, the Department issued 2,586 determination orders for maintenance. As a result of the impending transfer of claimants from OFP to jobseekers transitional payments (JST), 134 of those determination orders issued to liable relatives in 2014 will no longer have a liability to the scheme from June 2015. This represents approximately 5% of the determination orders issued in 2014. As indicated at the Joint Oireachtas Committee on Education and Social Protection on 18th February, where this matter was also raised, my Department is aware of this issue and will be considering an amendment to the JST arrangements in the future to pursue these liable relatives.