Bernard Durkan (Kildare North, Fine Gael)
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49. To ask the Tánaiste and Minister for Social Protection the position regarding the case of persons (details supplied) in County Kildare who are on the local authority housing waiting list, but who have been informed of the need to provide increased maintenance for their child; if it is recognised that this couple are potentially homeless; and if she will make a statement on the matter. [35109/15]

Joan Burton (Dublin West, Labour)
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The purpose of the Department’s maintenance recovery legislation is to recover some or all of the moneys being expended on social welfare payments for lone parents.

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.

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.

All liable relatives assessed with maintenance liability are issued with a maintenance assessment 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.

In this case the liable relative has been issued with an assessment based on the information available to the Department. If the assessment is incorrect the liable relative should contact the Department and provide any additional information relevant to his case by writing to the following address: Department of Social Protection - Maintenance Recovery Unit, Shannon Lodge, Carrick-on-Shannon Co. Leitrim.