Joan Burton (Dublin West, Labour) | Oireachtas source

My Department has indicated its intention to review the current maintenance and liable relative procedures since the introduction of the one-parent family payment reforms. While this work is being actively pursued, it is a highly complex issue that involves undertaking a detailed review and any change will require legislation. The issue of maintenance payments, first and foremost, is a private matter between the people concerned and, if they cannot solve the problem, it is a matter for the courts through family law provisions. The provisions on liability to maintain family contained in social welfare legislation are separate from family law legislation. In each case in which a one-parent family payment is awarded the Department seeks to trace the other parent, that is, the liable relative, to ascertain whether he or she is in a financial position to contribute towards the cost of the payment. This does not alter an individual’s obligation to pay maintenance pursuant to a court order. The Department’s legislative basis to issue maintenance assessments to a liable relative does not currently extend to the jobseeker’s transitional payment. As I noted, this matter is under review.

Once the one-parent family payment recipient’s youngest child reaches the age of seven years and the recipient's entitlement to the one-parent family payment ceases, the liability assessed under the liable relative provisions no longer applies. The Department advises the liable relative accordingly. It is important to note that this does not affect any other maintenance arrangement that may be in place between the parents.

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