Dáil Éireann Debate, Tuesday - 17 November 2015
128. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Social Protection if the wording of correspondence sent to non-custodial parents, regarding their liability to her Department, in the event of a custodial parent ceasing to receive the one parent family payment, will be changed to make it clear that the parents do have a liability to pay maintenance to their ex-partners. [40210/15]
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 social welfare legislation, are separate to family law legislation. In every case where a one-parent family payment is awarded, the Department seeks to trace the other parent (liable relative) to ascertain whether he/she is in a financial position to contribute towards the cost of this payment.
Once the recipient’s youngest child reaches 7 years of age and the one-parent family payment ceases, the liability assessed by the Department under the Liable Relative provisions no longer applies and the Department advises the Liable Relative accordingly.
The letter advising the Liable Relative of this change has always included clarification that this does not impact on any other maintenance arrangements that may be in place. However, based on feedback from the lone parent representative groups the letters have been amended to further clarify the situation. The Liable Relative is now informed that she or he no longer has a liability to pay the contribution assessed by the Department but that this does not affect any other maintenance arrangement, private or otherwise, that may be in place.
