Róisín Shortall (Dublin North West, Labour)
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Question 114: To ask the Minister for Social and Family Affairs the statutory basis for the cohabitation rule in respect of the one parent family payment; and if the abolition of this rule can be achieved through secondary legislation only. [29017/07]

Martin Cullen (Waterford, Fianna Fail)
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Section 175 of the Social Welfare Consolidation Act 2005 provides that a qualified parent for the purposes of the one parent family payment, shall not, if and so long as they and any other person are cohabiting as husband and wife, be entitled to and shall be disqualified for receiving payment of the one parent family payment. Any amendment to this provision would require primary legislation.

Under the proposed new income support payment for lone parents and other low income families outlined in the Government discussion paper "Proposals for Supporting Lone Parents," the cohabitation rule would not apply. Both couples and lone parents with young children would be eligible to apply for the payment.