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Social Welfare Eligibility

Dáil Éireann Debate, Thursday - 9 September 2021

Thursday, 9 September 2021

Questions (679)

Seán Fleming

Question:

679. Deputy Sean Fleming asked the Minister for Social Protection the position in circumstances in which a person who has been on disability allowance for a number of years, is a single parent and after a long number of years the former spouse is now agreeing to pay maintenance for their child; the implications of this in terms of means testing the disability allowance; if the matter is treated separately if the payment is for the benefit of the child as opposed to the benefit of the mother; if a payment for the benefit of the child can be separated from the child’s mother’s disability allowance for the means test; and if she will make a statement on the matter. [42005/21]

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Written answers

My Department operates a range of means-tested social assistance payments. Social welfare legislation provides that the means test for these payments takes account of the income and assets of the person and a spouse/partner, if applicable. Income and assets include income from employment, self-employment, occupational pensions, maintenance payments as well as property owned (other than the family home) and capital such as savings, shares and other investments.

For social assistance schemes, such as disability allowance, all maintenance payments (including maintenance payments made to or in respect of a qualified child) are assessed by first disregarding any housing costs incurred (up to €4,952 per annum or €95.23 per week), and then assessing the remainder at 50%.

Accordingly, the value of any maintenance payment is never assessed in full, resulting in a higher total income received by the family (social welfare payment and maintenance payment combined) than for someone not receiving maintenance payments..

I should mention that the Government has established a Child Maintenance Review Group to examine certain issues in relation to child maintenance in Ireland. The Group is chaired by former Circuit Court Judge Catherine Murphy and includes legal, policy and academic professionals as well as officials from my Department and the Department of Justice.

The Group's Terms of Reference are to consider and make recommendations on: (i) the current treatment of child maintenance payments in my Department; (ii) the current provisions regarding liable relatives managed by my Department; and (iii) the establishment of a Child Maintenance Agency in Ireland.

I trust this clarifies the position at this time.

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