Social Welfare Payments

Dáil Éireann Debate, Tuesday - 15 February 2022

Tuesday, 15 February 2022

Questions (509, 511)

Ivana Bacik

Question:

509. Deputy Ivana Bacik asked the Minister for Social Protection if regulation 130 of SI. 142/2007 is the only legislation which allows her Department to make deductions from the one-parent family payment; if a deduction may only take place in cases in which the parent is in receipt of maintenance arising from a court order and the maintenance exceeds the parent’s housing costs; if there are other circumstances in which deductions may be made by her Department from the payment; and if so, the legislation that provides for such deductions. [8294/22]

Ivana Bacik

Question:

511. Deputy Ivana Bacik asked the Minister for Social Protection if clarification will be provided in relation to the provision of the Social Welfare Consolidation Act 2005 which empowers her Department to seek a contribution from a liable parent in circumstances in which a parent is in receipt of the one-parent family payment; if such payments are forwarded to the claimant parent (details supplied). [8296/22]

Written answers

Minister for Social Protection

I propose to take Questions Nos. 509 and 511 together.

The issue of family maintenance payments is first and foremost a private matter for the people concerned. Social Welfare legislation provides that some or all of the cost of One-Parent Family (OFP) payments are recovered from the other parent. These "liable relative" provisions are set out in Part 12 of the Social Welfare (Consolidation) Act 2005, as amended, and in Part 10 of Statutory Instrument 142 of 2007, as amended.

In every case where OFP is awarded, the Department seeks to trace the other parent, known as the "liable relative", in order to ascertain whether they are in a financial position to contribute towards the cost of the OFP. The liability is determined following an assessment of the liable relative’s means and circumstances. If they are deemed to be in a position to contribute, that person is contacted by the Department and informed of this.

Liable relatives are advised that they can meet their liability by making payments directly to the Department or to the OFP recipient. Payments made directly to the OFP recipient are assessed as means and may have an impact on their weekly payment from the Department.

I have asked my officials to consider the position with regard to Article 130 of Statutory Instrument 142 of 2007 in general, but if the Deputy has a particular case in mind perhaps she would provide the relevant details so that my officials can examine the specific case.

I trust this clarifies the position.