Clare Daly (Dublin Fingal, Independent)
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20. To ask the Minister for Social Protection to address the deficit in legislation and include a legal requirement for a liable parent to pay child maintenance; and if she will make a statement on the matter. [5470/16]

Joan Burton (Dublin West, Labour)
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The issue of maintenance payments is first and foremost a private matter for the persons concerned, and if they cannot resolve the problem, for the Courts through family law provisions.

The liability to maintain family provisions, contained in social welfare legislation, are separate to family law legislation. In every case where a one parent family payment is awarded, the Department seeks to trace the other parent (liable relative) to ascertain whether he/she is in a financial position to contribute towards the cost of this payment. This does not alter an individual’s obligation to pay maintenance pursuant to a Court Order.

Currently, once the one-parent family payment recipient’s youngest child reaches age 7, and their entitlement to the one-parent family payment ceases, the liability assessed under the liable relative provisions no longer applies. The Department advises the liable relative accordingly. It is important to note that this does not affect any other maintenance arrangements that may be in place.

My Department has indicated its intention to review the current maintenance and liable relative procedures since the introduction of the one-parent family payment reforms. This work is being actively pursued. However it is a complex area that involves undertaking a detailed review and any change would require legislation.