Written answers
Tuesday, 10 March 2015
Department of Social Protection
Social Welfare Code
Michael Creed (Cork North West, Fine Gael)
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164. To ask the Minister for Social Protection the measures her Department takes to pursue parents not making maintenance payments to claimants of one-parent family allowance; and if she will make a statement on the matter. [10035/15]
Joan Burton (Dublin West, Labour)
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In every case where a one-parent family payment (OFP) is awarded 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 the OFP.
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 method of assessment of the liable relative’s ability to pay is specified in detail in Regulations (S.I. 571 of 2006 and S.I. 142 of 2007). The financial position of each liable relative is assessed in accordance with these regulations.
All liable relatives assessed with a maintenance liability are notified by the Department and are issued with a maintenance contribution assessment. The amount assessed can be reviewed where information comes to light about the financial or household circumstances of the liable relative. A liable relative is given the option to commence making payments to the OFP recipient or to the Department. Maintenance payments made directly to the OFP recipient are assessed as means and may have an impact on their weekly payment from the Department. The Department continues to pursue all liable relatives where a liability is determined. Where a liable relative fails to commence maintenance payments their suitability for prosecution is considered.
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