Anne Rabbitte (Galway East, Fianna Fail)
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133. To ask the Minister for Social Protection the reason family maintenance agreed through the court is not seen as a deductible allowance and not taken into consideration for pension assessment criteria (details supplied). [21208/17]

Leo Varadkar (Dublin West, Fine Gael)
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My Department operates a range of means tested social assistance payments, including the State Pension Non-Contributory. Social welfare legislation provides that the means test takes account of the income and assets of the person (and spouse/partner, if applicable) applying for the relevant payment.

Social welfare legislation provides for the purposes of the State Pension Non Contributory, that “in calculating the means of a person who is one of a married couple living apart from his or her spouse, any sum paid by him or her to his or her spouse under a separation order shall be deducted in calculating his or her means”.

I understand from my officials that in the particular case raised by the Deputy, the maintenance payments were deducted in accordance with this legislative provision and, therefore, not counted as part of his income.

I hope this clarifies the matter for the Deputy.