It is a condition of the One-Parent Family Payment (OFP) that lone parents must make efforts to seek maintenance from the other parent. This requirement is laid down in Articles 125 and 126 of S.I. No. 142/2007 of Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007, as amended.
The ‘efforts to seek maintenance’ condition is regarded as being satisfied once appropriate efforts are made to seek maintenance even if this does not result in a maintenance arrangement. The condition is regarded as being satisfied once appropriate efforts are made including but not limited to evidence of a private maintenance arrangement, a court summons or evidence of court proceedings or evidence of a mediation process.
It is important to note that since 2001, OFP claimants are allowed to retain 50 per cent of any maintenance received without a reduction in their social welfare entitlements as an incentive to seek support. Vouched housing costs of up to €95.23 per week (rent or mortgage) may be offset against maintenance payments with half the balance of maintenance being assessed as means in establishing the rate of OFP due.
The Department was in the process of reviewing maintenance policy for lone parents however the Independent Review of the changes to the OFP scheme, currently underway, has taken priority.