Written answers

Wednesday, 5 July 2023

Department of Employment Affairs and Social Protection

Family Law Cases

Photo of John LahartJohn Lahart (Dublin South West, Fianna Fail)
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131. To ask the Minister for Employment Affairs and Social Protection if there is any progress in establishing a family maintenance collection agency to follow up on those who do not keep their commitments to pay maintenance as legally required. [32942/23]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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My Department has no role with regard to the enforcement of maintenance orders.

In 2020, the Government established the Child Maintenance ReviewGroup to examine and report on:

(i) The current treatment within the Department of Social Protection of child maintenance payments,

(ii) The current provisions relating to the liable relatives regarding child maintenance, and

(iii) The establishment of a State Child Maintenance Agency.

The Group's report was published last November, and the Government accepted its recommendations in relation to the social welfare system. I am pleased to say that, pending the introduction of the necessary legislation, my Department has already implemented some of the recommended changes on an administrative basis.

As a result, my Department is no longer applying the "efforts to seek maintenance" requirement to One-Parent Family Payment and Jobseeker's Transitional Payment. This requirement often involved lone parents having to go to Court to seek a maintenance order, so this change will remove a potential additional stress for them, as well as helping to reduce the burden on our courts system.

In addition, the liable relative provisions are not being applied to new claims for One-Parent Family Payment. This means that my Department will no longer seek to recoup a portion of claim costs from the non-resident parent in these cases. I want to be very clear that removing these provisions does not replace or supersede the primary responsibility of parents to maintain their children.

Furthermore, child maintenance payments will be disregarded in the means test for social welfare payments. This measure will mean that many lone parents currently on reduced rates of payment will see their payment increase and some additional lone parents will qualify for a payment. It is estimated that this measure will be of direct benefit to approximately 16,000 lone parents at a cost of approximately €10 million per year.

These are very significant reforms of the social welfare system which will be of great benefit to lone parents. These changes require amendments to both primary and secondary legislation as well as changes to some of my Department’s systems, application forms and processes. Work on the legislation is at an advanced stage. In the meantime, as I have outlined, a number of the recommendations are being implemented on an administrative basis.

There was no consensus among the Group members regarding the establishment of a Child Maintenance Agency and there are no plans to establish such a body. However, the Minister for Justice is planning significant reforms in the family justice area. I am particularly pleased that the Family Justice Strategy includes a commitment to undertake a review of the enforcement of maintenance orders. I understand that this is ongoing and due to be completed in the coming months.

I trust this clarifies the position for the Deputy.

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