Written answers
Thursday, 11 April 2019
Department of Employment Affairs and Social Protection
Family Law Cases
Bernard Durkan (Kildare North, Fine Gael)
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205. To ask the Minister for Employment Affairs and Social Protection if a person (details supplied) can rely on €30 per week maintenance payment as decided by the courts from their spouse that has left the area; and if she will make a statement on the matter. [17158/19]
Regina Doherty (Meath East, Fine Gael)
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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, then for the Courts Service through Family Law provisions.
My Department is responsible for implementing the Liability to Maintain Family Provisions provided for in Part 12 of the Social Welfare Consolidation Act 2005, as amended. 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 as amended. The Liability to Maintain Family provisions are completely separate to Family Law legislation.
My Department has no responsibility for decisions made by the Courts Service under Family Law legislation.
If the person is experiencing an urgent financial need she should contact my Department's community welfare service for assistance.
I hope this clarifies the matter for the Deputy.
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