Social Welfare Benefits.

Dáil Éireann Debate, Tuesday - 26 January 2010

Tuesday, 26 January 2010

Ceisteanna (338)

Brian Hayes

Ceist:

424 Deputy Brian Hayes asked the Minister for Social and Family Affairs the number of cases where her Department has been instructed by the courts to deduct part of someone’s social welfare payment as a means of paying maintenance following a court order to pay such maintenance; if there is a legal impediment in courts instructing her Department to deduct such payments in view of the fact that such payees are depending on social welfare payments; and if she will make a statement on the matter. [3078/10]

Freagraí scríofa

Minister for Social and Family Affairs (Deputy Mary Hanafin)

Statistics are not maintained of the number of court orders compelling the Department to make deductions from social welfare payments for maintenance purposes. Each order is dealt with on an individual basis.

Under normal circumstances, social welfare payments cannot be reduced below the corresponding rate of supplementary welfare allowance which would be payable, based on family circumstances, without the agreement of the claimant. However if the court orders the Department to deduct an amount of money from a person's social welfare payment and pay it either directly to another person or to the court office, the Department must comply with the order of the court.