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Social Welfare Code.

Dáil Éireann Debate, Wednesday - 23 February 2005

Wednesday, 23 February 2005

Ceisteanna (28)

Fergus O'Dowd

Ceist:

70 Mr. O’Dowd asked the Minister for Social and Family Affairs the procedures and process for the recovery of child maintenance payments within his Department; the way in which the payments are calculated; and if he will make a statement on the matter. [6097/05]

Amharc ar fhreagra

Freagraí ó Béal (1 píosaí cainte)

Applicants for the one-parent family payment are required to make ongoing efforts to seek adequate maintenance from the other parent of the child. Such maintenance is normally obtained by way of negotiation or court order. Increasingly, separated couples are using my Department's family mediation service, which is being progressively extended nationwide, to reach agreement.

Where social welfare support is provided to a one-parent family, the other parent is legally liable to contribute to the cost of this payment. Where a one-parent family payment is awarded, the maintenance recovery unit of my Department seeks to trace the liable relative involved to ascertain whether he or she is in a financial position to contribute towards the cost of one-parent family payment. This follow-up activity takes place within two to three weeks of award of payment.

All liable relatives assessed with maintenance liability are notified by the Department and issued with a determination order setting out the amount of contribution assessed. The amount can be reviewed where there is new information about or changes in the financial or household circumstances of a liable relative. The Department requires regular payment, normally weekly, of the contributions assessed in this way.

There are 1,868 liable relatives contributing directly to my Department. Since 2001, one-parent family payment claimants are allowed to retain 50% of maintenance received without a reduction in social welfare entitlements. This acts as a further incentive to them to seek support. The maintenance recovery unit of my Department, through its follow-up activity with liable relatives, achieved savings of €8.5 million in 2002, €14.2 million in 2003 and €16.6 million in 2004. These savings are composed both of direct cash payments by liable relatives to the Department and savings on scheme expenditure. The latter arise where maintenance recovery activity leads to the liable relative paying maintenance in respect of a spouse and children and the consequent reduction or termination of a one-parent family payment. In 2004, 722 one-parent family payments were cancelled while 512 payments were reduced as a result of maintenance recovery activity.

Additional information not given on the floor of the House.

In implementing maintenance recovery provisions my Department has concentrated on those cases where the liable relatives concerned, being in employment or self-employed, would be in a better financial position to make a contribution towards the support of their families. Legislation allows the Department to seek recovery from liable relatives through the courts in appropriate cases. A total of 182 cases have been submitted for court action from 2001 to date. The majority of these cases have resulted in orders being written against the liable relative in court or, alternatively, in the liable relative agreeing to pay a contribution to either the Department or the lone parent. Further cases are being prepared by the Department for court action.

Written answers follow Adjournment Debate.

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