Ivana Bacik (Dublin Bay South, Labour)
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509. To ask the Minister for Employment Affairs and Social Protection if regulation 130 of SI. 142/2007 is the only legislation which allows her Department to make deductions from the one-parent family payment; if a deduction may only take place in cases in which the parent is in receipt of maintenance arising from a court order and the maintenance exceeds the parent’s housing costs; if there are other circumstances in which deductions may be made by her Department from the payment; and if so, the legislation that provides for such deductions. [8294/22]

Ivana Bacik (Dublin Bay South, Labour)
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511. To ask the Minister for Employment Affairs and Social Protection if clarification will be provided in relation to the provision of the Social Welfare Consolidation Act 2005 which empowers her Department to seek a contribution from a liable parent in circumstances in which a parent is in receipt of the one-parent family payment; if such payments are forwarded to the claimant parent (details supplied). [8296/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I propose to take Questions Nos. 509 and 511 together.

The issue of family maintenance payments is first and foremost a private matter for the people concerned. Social Welfare legislation provides that some or all of the cost of One-Parent Family (OFP) payments are recovered from the other parent. These "liable relative" provisions are set out in Part 12 of the Social Welfare (Consolidation) Act 2005, as amended, and in Part 10 of Statutory Instrument 142 of 2007, as amended.

In every case where OFP is awarded, the Department seeks to trace the other parent, known as the "liable relative", in order to ascertain whether they are in a financial position to contribute towards the cost of the OFP. The liability is determined following an assessment of the liable relative’s means and circumstances. If they are deemed to be in a position to contribute, that person is contacted by the Department and informed of this.

Liable relatives are advised that they can meet their liability by making payments directly to the Department or to the OFP recipient. Payments made directly to the OFP recipient are assessed as means and may have an impact on their weekly payment from the Department.

I have asked my officials to consider the position with regard to Article 130 of Statutory Instrument 142 of 2007 in general, but if the Deputy has a particular case in mind perhaps she would provide the relevant details so that my officials can examine the specific case.

I trust this clarifies the position.

Ivana Bacik (Dublin Bay South, Labour)
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510. To ask the Minister for Employment Affairs and Social Protection the provision of the Social Welfare Consolidation Act 2005 that empowers her to introduce the requirement for claimants of the one-parent family payment to seek maintenance as stipulated by statutory instrument and Ministerial regulation in 2007 regulations 125, 125A and 126 of SI. 142/2007. [8295/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I am happy to assist the Deputy with the information requested; however, this should not be construed as an interpretation of the law, which is solely a matter for the Courts.

Section 4 of the Social Welfare (Consolidation) Act 2005, as amended (the "Act"), provides, amongst other things, that the Minister may make regulations for any purpose in relation to which regulations are pro­vided for by the Act, and for prescribing any matter referred to in the Act as prescribed or to be prescribed.

The legislative provisions in relation to the One-Parent Family Payment are set out in Chapter 7 of Part 3 of the Act, that is, sections 172 to 178F inclusive. Section 173 sets out the provisions in relation to entitlement to One-Parent Family Payment and specifies that entitlement is subject to the Act and to regulations made under the Act. Section 177 further provides that the Minister shall make regulations regarding One-Parent Family Payment. The relevant regulations are set out in Statutory Instrument 142 of 2007.

I trust this clarifies the matter for the Deputy.