Bernard Durkan (Kildare North, Fine Gael)
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196. To ask the Minister for Employment Affairs and Social Protection if she is aware of the extent to which former partners barred from the family home for very valid reasons continue to make a negative impact on the lives of their families and extended families, particularly when disputes have arisen over maintenance payments and it affects their social welfare payments (details supplied); and if she will make a statement on the matter. [27786/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I would like to advise the Deputy that all matters relating to Family Law are a matter for my colleague, the Minister for Justice.

The Social Welfare and Civil Law (Miscellaneous Provisions) Act 2024 provides for changes to the assessments of means. As a result, child maintenance payments are now excluded from the assessment as means for any means or income tested payment provided by my Department. I am delighted to have brought the change to the social welfare means test into effect from the week beginning 4th June.

This change means that many lone parents on reduced rates of payment will see their payment increase and those who may not have qualified at all up to this point may now be able to access a payment. People do not need to take any action in order to benefit from this measure. The Department is undertaking a significant project to identify and review those claims where a maintenance payment has already been assessed. My Department has been contacting those affected and will continue to do so over the next few weeks to advise them of the review and any resulting changes to their payment.

In addition, since late 2022 my Department ceased applying the "efforts to seek maintenance" requirement for the One-Parent Family and Jobseeker's Transitional Payments. This was done on an administrative basis initially until I signed a Regulation in 2023 to remove this provision from the scheme rules. This requirement had often involved applicants having to go to Court. This change removed an additional stress for parents and will help to reduce the burden on the courts system. It should be noted that this provision was not applied in cases where a barring order was in place or in any situation where it's application would have put anyone in a dangerous situation.

These changes reflect recommendations of the Report of the Child Maintenance Review Group in relation to the social welfare system which the Government accepted. These changes also have the effect of decoupling child maintenance and the social welfare system.

I trust this clarifies the position for the Deputy.