Dáil Éireann Debate, Tuesday - 13 November 2012
391. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding assessment for the farm assist scheme (details supplied); and if she will make a statement on the matter. [49996/12]
Amharc ar fhreagra394. Deputy Brendan Griffin asked the Minister for Social Protection if she will calculate maintenance payments by the provider as an outgoing when assessing a persons means for a social welfare payment; and if she will make a statement on the matter. [50012/12]
Amharc ar fhreagraI propose to take Questions Nos. 391 and 394 together.
The question of how maintenance payments are treated arises in the case of social welfare claims made by the person receiving the maintenance payment and also in the case of social welfare claims made by the person making the maintenance payment. In the first case, where a social welfare claimant is in receipt of maintenance payments from a spouse/partner, housing costs incurred by the social welfare claimant (e.g. rent or mortgage payments and/or home improvement loan) up to a maximum of €95.23 per week may be offset against the maintenance payment, with half the balance of the maintenance being assessed as means. These arrangements ensure that there is always an incentive to receive a maintenance payment.
In the second case, where a social welfare claimant is paying maintenance to another person, whether on a voluntary basis or on foot of a Court order, their means for social welfare purposes are their means before they meet any obligations they may have to pay maintenance i.e. no account is taken of such payments in assessing the means of the maintenance payer. Thus, for example, in the event of the payer having income from employment or self-employment, the income from these sources is assessed without regard to any maintenance paid to another person. If maintenance payments were taken into account, any reduction in these means as a consequence of maintenance payments to another person would, in effect, result in the welfare system subsidizing or possibly fully meeting these payments.
Where a person has maintenance obligations on foot of a Court order and they find that they can no longer afford to meet those obligations, for example because their circumstances have changed, it is open to that person to seek to have the Court review the order in light of their changed income position.
Question No. 392 answered with Question No. 375.
