Under the "Liability to Maintain Family" provisions, contained in part IX of the Social Welfare (Consolidation) Act, 1993, the spouse of a person receiving, inter alia, deserted wife's benefit must contribute to the Department towards the cost of that benefit in respect of his family. This liability may be offset, in whole or in part, by the transfer to the Department of any maintenance payments which are being made in compliance with a Court Order. Where agreement to the transfer of such an Order is not forthcoming, provision is also made for reduction of the relevant social welfare payment.
The person concerned is receiving deserted wife's benefit at the maximum rate of £85.10 per week for herself and one dependent child. At the time of her claim the person concerned was working part-time, and it is understood that she is in employment currently. She was awarded £180 per month maintenance for herself under the Family Law (Maintenance of Spouses and Children) Act, 1976 in the District Court. She is required, under the provisions mentioned, to transfer this Maintenance Order to the Department. The position has been explained to her and her consent to the transfer has been sought. If her consent is not received, her deserted wife's benefit will have to be reduced, though she would then retain any maintenance payments made by her husband under the court order.
