Charlie McConalogue (Donegal, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

2065. To ask the Minister for Social Protection the reason deductions cannot be deducted from a person's weekly income when a maintenance order is in place and is not being complied with and the person is in receipt of a social welfare income; and if she will make a statement on the matter. [28388/17]

Regina Doherty (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

There is a legal responsibility on parents, whether married or unmarried, to maintain dependent children and on spouses/civil partners to maintain each other in accordance with their means. The issue of maintenance payments is first and foremost a private matter for the persons concerned, and if they cannot resolve the matter, for the Courts through Family Law provisions. Matters relating to family law and the making of maintenance orders are proper to the Minister for Justice and Equality. The Courts have responsibility for the determination of disputes and enforcements of maintenance orders granted.

The liability to maintain the family under social welfare legislation is separate to, and does not negate or supersede, a parent’s obligation under Family Law. Where a lone parent is in receipt of One-Parent Family Payment (OFP), my Department will assess if a Determination Order should issue to the other parent to contribute, either to my Department or to the other parent, to offset the cost of the OFP.

The Family Law (Maintenance of Spouses and Children) Act 1976, as amended, provides for the attachment of earnings in family law cases. Deductions cannot be made from a person’s weekly social welfare income where a maintenance order has been made as such income is not considered as earnings under the 1976 Act

I hope this clarifies the matter for the Deputy.