Written answers

Thursday, 10 June 2010

Department of Social and Family Affairs

Social Welfare Code

10:30 am

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Labour)
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Question 63: To ask the Minister for Social Protection the statutory basis for not pursuing maintenance in respect of parents with an annual income of less that €18,000; and the reason for setting the amount at this level. [25006/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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In every case where a one-parent family payment is awarded, the Department seeks to trace the other parent (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.

Part 12 of the Social Welfare Consolidation Act 2005, as amended, sets out the legislative basis for the implementation of the Liability to Maintain Family Provisions. The methods of assessment of the liable relative's ability to pay are specified in detail in Regulations (S.I. 571 of 2006 and S.I. 142 of 2007). The financial and new dependency situation of each liable relative is assessed in detail. The assessment is based on the net weekly income (i.e. income from all sources less income tax and PRSI) with deductions for a personal allowance in respect of personal needs, a child dependant allowance in respect of each child living with the liable relative, and an allowance may also be granted in respect of the liable relative's accommodation costs. Any maintenance currently being paid to the one parent family recipient is also taken into account.

It has been found that, following the assessment based on net income and when the appropriate deductions are made, liable relatives earning less than €18,000 p.a. are not usually liable to make a contribution under the existing Regulations. €18,000 p.a. has therefore been adopted as a guideline for operational purposes. It is not stated in Regulation. It is kept under review by the Department.

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Labour)
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Question 64: To ask the Minister for Social Protection the way in which unmarried life partners are treated for the purposes of widow's contributory pension. [25007/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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Widow's or widower's contributory pension is paid to the husband or wife of a deceased person and is available to those who satisfy the necessary PRSI contribution conditions, either on their own record or on that of the deceased spouse. A means-tested widow's or widower's non-contributory pension may be payable to those who do not satisfy the social insurance conditions. If the person has qualified children, they may instead qualify for the means-tested one-parent family payment.

A key condition for receipt of the widow's or widower's pension is that the person is the surviving partner of a married couple.

The Civil Partnership Bill provides for registration of civil partnerships by same-sex couples. It is proposed that on enactment of the Civil Partnership Bill civil partners will receive treatment under the social welfare code equivalent to that of spouses. The required changes to social welfare legislation will be brought forward when the Civil Partnership Bill is enacted.

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