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Dáil Éireann díospóireacht -
Wednesday, 12 May 1993

Vol. 430 No. 6

Written Answers. - Lone Parent's Allowance Scheme.

Brendan McGahon

Ceist:

32 Mr. McGahon asked the Minister for Social Welfare if he will confirm that the lone parent's allowance scheme does not accommodate situations of equal custody; his views on whether in cases of equal custody neither parent has main care and custody of the children; if he will recognise joint custody and divide the allowances as is the case in the treatment of single parents for tax purposes where both separated persons can apply for the single parent's allowance as long as the children are resident with each for a period.

Brendan McGahon

Ceist:

37 Mr. McGahon asked the Minister for Social Welfare if he will give details of the outcome of the review by his Department into cases where they have administratively recognised sharing of child benefit in lone parent's allowance whether they are continuing to pay as before; if not, if steps have been taken to recoup money paid in error; and the reason a person (details supplied) in County Louth was refused the policy information in this case.

I propose to take Questions Nos. 32 and 37 together. One of the qualifying conditions for the lone parent's allowance is that the claimant has the main care and charge of the children. This is consistent with the underlying function of the scheme which is to meet the needs of people who have the responsibility of rearing children without the support of a spouse or partner.

The existence of a joint custody order does not necessarily preclude a person from qualifying for lone parent's allowance.

In the event that one of the parents has the main care and charge of a child, that person can, subject to the other qualifying conditions attached to the scheme, qualify for the allowance.

In cases of joint custody orders where the child resides equally with both parents however, neither parent can qualify for the allowance because they share responsibility for rearing the child and cannot therefore be regarded as a lone parent.
The aspect of the existing provisions is currently under review within my Department and the possibility of entitling one of the parents in joint custody situations where the child resides equally with both parents to lone parent's allowance, for example by allowing the parents elect which of them should be regarded for the purposes of the scheme as having the main care and charge of the child, is being examined in this context.
There are other income support payments available for parents who do not come within the scope of the lone parent's allowance scheme such as unemployment assistance, or if they are not available for work, supplementary welfare allowance.
In relation to child benefit, entitlement to payment is governed by regulations which confer entitlement on the mother in the first instance. There are no provisions for sharing of child benefit between parents and my Department has never provided for this on an administrative basis.
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