Séamus Brennan (Dublin South, Fianna Fail)

Applicants for one parent family payment are required to make ongoing efforts to obtain adequate maintenance from former spouses or, in the case of unmarried applicants, the other parent of a child. Generally, maintenance is obtained through negotiation or court order, although it is increasingly the case that separated couples use my Department's family mediation service which is being progressively extended nationally.

Since 2001, one parent family payment claimants may retain half of all maintenance received without reduction in their social welfare entitlements as an incentive to seek support. Where social welfare support is being provided to a one parent family, the other parent is legally obliged to contribute to the cost of this payment. In every case where a one parent family payment is awarded, the maintenance recovery unit of my Department seeks to trace the other parent, referred to as the liable relative, in order 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 an award of payment.

All liable relatives assessed with maintenance liability are notified by my Department and they are issued with a determination order setting out the amount of contribution assessed. In assessing maintenance liability, the financial situation of each liable relative is first examined in detail. The assessment is based on the net income of the liable relative. Allowances are made for any child dependent she or he has residing with him or her, and also for certain outgoings such as mortgage payments, house rent or home improvement loans on the liable relative's residence. The methods of assessment of the liable relative's ability to pay are specified in detail in regulations.

When a liable relative's maintenance liability to the Department is assessed, a determination order setting out the amount of contribution assessed issues to that person. The amount assessed can vary but it would not exceed the maximum amount set out in the Family Law Maintenance of Spouses and Children Act 1976, in respect of each qualified child. The current weekly maintenance amount set by the District Courts is €150 per child per week. The average amount of weekly maintenance assessed by the maintenance recovery unit of my Department is of the order of €84 per week.

Decisions can be reviewed where new information comes to light about the financial or household circumstances of a liable relative. In addition, decisions on the amounts assessed can be appealed by liable relatives to the social welfare appeals office. There are currently 1,946 liable relatives contributing directly to my Department. As a result of maintenance recovery unit activity, savings of €8.5 million were achieved in 2002 and €14.2 million in 2003. Savings of €16.6 million were achieved in 2004.

Additional Information not given on the floor of the House.

These savings are composed of direct cash payments by the liable relative to the Department and of scheme savings. Savings on scheme expenditure arise where maintenance recovery activity leads to the liable relative beginning to pay maintenance in respect of a spouse and-or children and the consequent reduction of a one parent family payment. In 2004, a total of 722 one parent family payments were cancelled while a further 512 payments were reduced as a result of maintenance recovery activity.

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

Issues relating to maintenance are kept under continuous review within my Department. I am currently reviewing a number of aspects of the lone parent allowance and the position of lone parents within the welfare system. I am also looking at maintenance and liable relatives matters in the light of experience in this area in other countries.

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