Vol. 480 No. 2
280 Mr. Durkan asked the Minister for Social Welfare the reason a one parent family allowance is being refused to a person (details supplied) in County Kildare on the basis that she is receiving maintenance in excess of the appropriate rate for herself and her family, when it is clearly stated by order of the courts that maintenance is towards her children's maintenance only; and if he will make a statement on the matter. [14069/97]
The person concerned was refused a one-parent family payment because she and her family are being adequately maintained by her spouse. The regulations specify that a person can only be considered as separated for allowance purposes if she and her child(ren) are being maintained at a rate per week which is less than the maximum rate of one-parent family payment appropriate to her family size. The same rules applied under the former lone parent's allowance. For adequate maintenance purposes both spousal and child maintenance receipts are taken into account. In the case of the person concerned, the relevant adequate maintenance threshold is £143.50 per week, but she and her children are receiving weekly maintenance significantly in excess of this amount.
However, any housing costs incurred by a claimant through regular payment of mortgage or rent can be deducted from the maintenance received in order to determine whether the family is being adequately maintained. In the case of the person concerned, the information available to my Department is that she has a mortgage but there is no evidence of any regular repayments by her. If she is actually making repayments under this mortgage she should notify the Department immediately and her claim will be reviewed on that basis.
