Josepha Madigan (Dublin Rathdown, Fine Gael)
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173. To ask the Minister for Social Protection his plans to reinstate the lone parent allowance for both parents who live alone and are separated. [6130/17]

Leo Varadkar (Dublin West, Fine Gael)
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The One-Parent Family Payment is a means-tested payment which is made to men or women who are caring for a child or children without the support of a partner.

This scheme was introduced on 2 January 1997, and replaced the Lone Parent’s Allowance and the Deserted Wife's Benefit.

The One-Parent Family Payment has never been split between parents – it has always been paid to the parent who has main care and charge of the child or children.

In order to qualify for the One-Parent Family Payment, a person must be either -

- widowed (includes a person divorced from spouse prior to spouse's death and not remarried or person whose civil partnership has been dissolved prior to civil partner's death and who has not remarried);

- separated (or divorced);

- unmarried (including one whose marriage has been annulled or civil partnership has been dissolved); or

- a prisoner's spouse/civil partner.

The person must be a qualified parent. This means that the person is the parent, step-parent, adoptive parent or legal guardian of at least one relevant child. The term relevant child means a person who

(a) is ordinarily resident in the State,

(b) is not detained in a children detention school,

and

(c) has not attained the relevant age. The One-Parent Family Payment is payable until a person’s youngest child reaches the age of 7. Special provisions exist for those caring and on half rate Carer’s Allowance and those in receipt of Blind Pension that extend the age of the youngest child to 16 years.

The person must be under the age of 66 and also have the main care and charge of at least one child who is residing with them. This means that a person making an application for the One-Parent Family Payment must show that the child spends the greater amount of time during the week with them.

The One-Parent Family Payment is not payable in cases where a couple have joint equal custody of a child. However, when an application is made for the One-Parent Family Payment, the actual circumstances of the case are taken into account when a Deciding Officer makes a decision on a payment. If the Deciding Officer is satisfied that the circumstances warrant a payment based on Social Welfare legislation, then that is the payment that is made, and the presence of a Court Order is one, but not necessarily the only, issue to be taken into account. However, if the actual circumstances were at variance with the Court Order, then the actual circumstances would prevail. For example, parents may have joint equal custody by law, but in reality one parent may have main care and charge and the One-Parent Family Payment may therefore be payable to that parent.

It is not possible to split the One-Parent Family Payment between the couple proportionate to the amount of time that their child resides with them during the week and this has always been the case.

The purpose of the One-Parent Family Payment scheme is to support the parent who has main care and charge of the child or children.