I welcome the opportunity to raise this matter and thank the Minister for being present in the House to reply.
While this matter relates to a specific case a number of similar cases have been raised in the House by me and other Deputies in recent years. Some years ago we rightly decided to enact legislation which provided that the spouse of a separated woman in receipt of a one parent family payment should contribute to the maintenance of his family. However, it was never anticipated that a woman in these circumstances would have to take adequate steps to recover maintenance from her husband. It may be easy for some women to do this but it may not be possible for others.
I am not suggesting that the woman referred to in my parliamentary question is in this position but in an acrimonious marriage breakdown it is often very difficult for the woman to pursue her spouse through the courts. The legislation never anticipated that this course of action would be a necessity and it merely provided that steps should be taken by the applicant to ensure maintenance was paid. The reply to my parliamentary question states:
Her entitlement to a lone parent's allowance was subsequently examined. One of the conditions for receipt of this allowance is that the claimant must make and continue to make reasonable efforts to prevail upon her husband to contribute to the support and maintenance of herself and her children. This is based on the underlying principle set out clearly in social welfare legislation that the primary obligation lies with the spouses to maintain each other and their children.
I accept this but object to the degree to which the vulnerable party, the applicant, is forced to pursue her partner through the courts notwithstanding her financial position. The application of the law is wrong in this regard.
This is not a new problem, it has been ongoing for some time. I know applicants with no resources who have almost been forced into penury by virtue of having to pursue their spouses through the court. These women are being treated unfairly.
As regards this case, I ask the Minister to intervene to ensure that payment is made as soon as possible. When this woman has some financial independence she can then pursue her spouse through the courts. It is not a simple matter to pursue a case through the courts and win.
The reply given to my parliamentary question was not entirely accurate in terms of the maintenance being paid. I am not suggesting that I was given a deliberately inaccurate reply but I ask the Minister to examine the matter.
