Éamon Ó Cuív (Galway West, Fianna Fail)

Part 12 of the Social Welfare Consolidation Act 2005 imposes an obligation on spouses to maintain each other and their children and on parents to maintain their children. The Act also imposes a liability on liable relatives of recipients of certain social welfare payments to contribute a determined amount to the Department towards that payment. All one-parent family payment claimants are required to make ongoing efforts to seek maintenance from their spouse or other parent of their child. This condition must be satisfied in every case. Section 357 of the Act provides that payments made under a court order for maintenance shall offset, either in whole or in part, as the Department may determine, contributions due by the liable relative. All liable relatives assessed with a maintenance liability are notified by the Department and issued with a determination order setting out the amounts of contribution assessed. The method of assessment of the liable relative's ability to pay are specified in detail in regulations, specifically SI 142 of 2007. Decisions can be reviewed where there is new information about or changes in the financial or household circumstances of a liable relative. A change in the amount payable through a court order can be notified to the Department by the liable relative and considered in determining the amount of contribution claimed. I do not know if that addresses the Senator's amendment but there would be an issue if the court had to inform the Department because these cases are held in camera.