Written answers

Tuesday, 9 July 2013

Department of Social Protection

Social Welfare Code Issues

Photo of Clare DalyClare Daly (Dublin North, Socialist Party)
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82. To ask the Minister for Social Protection her plans to bring in legislation to deduct maintenance orders from social welfare payments where the court order is ignored. [32892/13]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Under family law provisions, it is possible to apply to the court for an Attachment of Earnings Order. An Attachment of Earnings Order can be sought if the person is in employment, on social welfare or in receipt of a private pension, resulting in the maintenance being deducted at source. Under the Family Law Act 1995, it is possible to apply for this attachment at the initial maintenance hearing, if the person applying to court fears that there will be a default of maintenance. Where a judge deems it appropriate to attach welfare payments, this Department complies with all such Family Law Maintenance Orders received by deducting the amount specified in the court order from a social welfare recipient’s payment.

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