Dáil Éireann Debate, Tuesday - 27 September 2016
436. Deputy Ruth Coppinger asked the Minister for Social Protection his views on contacting non-custodial parents to inform them that they are no longer liable to pay maintenance for their children as it has been reported (details supplied); and if he will make a statement on the matter. [27249/16]
Amharc ar fhreagraThe Family Law Acts, which are under the remit of the Department of Justice and Equality (D/JE), place a legal obligation on parents to maintain their children. In cases where the family unit has broken down these obligations continue to apply and relevant maintenance payments can be arranged either privately or through D/JE supports like the Family Mediation Service, the Legal Aid Board and the Courts. The arrangement of maintenance is therefore a matter between both parents regardless of whether or not either parent is in receipt of a social welfare payment.
The liability to maintain family provisions, contained in social welfare legislation, are separate to, and do not negate or supersede parents’ obligations under Family Law. Where a lone parent is in receipt of OFP, the liability to maintain family provisions provide the Department of Social Protection with a legislative basis to carry out an assessment against the other parent and issue a Determination Order for them to pay a contribution either to the Department or the lone parent. The Department is not arranging maintenance but is ensuring, where possible, that as OFP is in payment that the other parent makes a financial contribution either to the Department or the lone parent.
Where the OFP payment ceases (e.g. the lone parent transitions from OFP to another social welfare payment as a result of the age of their youngest child or the lone parent finds employment and is no longer entitled to OFP), and the Department had successfully arranged a contribution from the other parent (which only occurs in less than 8% of cases), the Department must inform the other parent that his/her liability to the Department has ceased. The letter does not inform the other parent that s/he is no longer liable to pay maintenance and makes it clear that any existing maintenance arrangements private or otherwise should remain in place. These letters have always issued when the OFP payment ceases.
Currently contribution assessments can only be carried out where the OFP is in payment and this does not extend to other social welfare payments, including the Jobseeker’s Transitional Payment (JST). The Department is currently reviewing the liability to maintain family provisions.
