John McGuinness (Carlow-Kilkenny, Fianna Fail)
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204. To ask the Minister for Social Protection if the threat of legal action will be withdrawn in the case of a person (details supplied) in County Carlow; if an oral hearing will be arranged in order that the person can explain his circumstances at first hand; if consideration will be given to the hardship that will be caused in his case should her Department pursue the matter, in view of the fact that the person is already paying €200 per month in maintenance; and if she will expedite an early and positive outcome to this case, thus saving her Department and the person in question unnecessary legal costs. [20215/15]

Joan Burton (Dublin West, Labour)
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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 the one-parent family payment, in accordance with Sections 345 & 346 (1) of the Social Welfare Consolidation Act 2005, as amended.

In the case referred to by the Deputy, the liable relative was first contacted by the Department in 2011 regarding his financial ability to contribute to a one-parent family payment being paid by the Department to the mother of his child. In line with Regulations, liability was assessed at €100.00 per week. As the liable relative was already paying €50.00 per week, this resulted in an additional liability of €50.00 per week. On providing supplementary information, the liable relative’s liability was re-examined; however liability remained at €100.00 per week. A determination order was issued seeking the additional €50 per week.

While the liable relative appealed the decision to the Chief Appeals Office, his appeal was disallowed. The Department has being corresponding with the liable relative, through his solicitor, since the appeal disallowance. During that time, there has been no indication that the liable relative intends to discharge his full liability or increase his current level of maintenance payments, although his weekly net earnings have increased.

Non-compliance with a determination order can result in a prosecution. However, the liable relative should contact the Department directly to advise if he intends to discharge his liability by increasing his current level of maintenance payments or if his circumstances have changed, he can request that his case be re-examined.