Deirdre Clune (Cork South Central, Fine Gael)
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Question 431: To ask the Minister for Social Protection the workings of the liability to maintain a family scheme and to whom it applies; the money recovered under this scheme in each of the past five years; and if he will make a statement on the matter. [29246/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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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). In every case where a one parent family payment is awarded, the maintenance recovery unit of the 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.

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.

All liable relatives assessed with maintenance liability are notified by the Department and they are issued with a determination order setting out the amount of contribution assessed. The amount assessed can be reviewed where new information comes to light about the financial or household circumstances of the liable relative. Decisions on the amounts assessed can be appealed to the Social Welfare Appeals Office.

A liable relative is given the option to commence making payments to the recipient of the one parent family payment (OFP) or directly to the Department. When payments are made directly to the recipient there may be a reduction in the rate of OFP payment by the Department. However the lone parent would still be better off as a result of the MRU activity. The financial impact of the maintenance recovery unit's activity for the past five years is as follows:

Year Value of Direct Cash Receipts Value of OFP Claims Reduced 2005 €1,944,863 €561,818 2006 €1,958,334 €799,708 2007 €1,476,287 €983,931 2008 €1,194,596 €966,025 2009 € 876,694 €545,492

In addition to the above the Department benefits from substantial savings where OFP claims are terminated as a result of the activity of the maintenance recovery unit activity.

Deirdre Clune (Cork South Central, Fine Gael)
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Question 432: To ask the Minister for Social Protection if the decision of the High Court last year regarding the Enforcement of Court Orders Act has had an impact upon the operation of the liability to maintain a family scheme; if the Enforcement of Court Orders Amendment Act 2009 addressed these issues; and if he will make a statement on the matter. [29247/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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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).

Neither the High Court case nor the Enforcement of Court Orders Act, referred to by the Deputy, have had an impact upon the operation of the liability to maintain a family scheme within the Department.