Fianna Fáil bill on maintenance cash could benefit thousands

Thousands of lone parents could benefit from closing off a loophole which allows estranged partners to avoid paying maintenance payments for their children.

Fianna Fáil’s Willie O’Dea has published a bill which he says will ensure that irrespective of the type of welfare payment a lone parent gets, that the State can still compel the other parent to contribute.

Changes to social welfare legislation would correct an anomaly that has existed since the last Fine Gael-Labour government, said the Limerick City TD.

The 2012 changes forced lone parents to move from the lone parent family allowance to jobseeker’s transition arrangements. However, welfare laws only demand a contribution or maintenance payment from a parent when there is reference to lone parent allowances.

The legislation in relation to relatives liable to pay child maintenance was not updated to reflect changes.

The reforms under Mr O’Dea’s bill whould ensure the Department of Social Protection would have a legal right to demand that liable relative contributes when a parent is in receipt of the jobseeker’s transition.

“It makes no sense that the maintenance recovery division can operate up to a child’s seventh birthday and that once the child reaches the age of seven years, the parent is more or less on his or her own,” said Mr O’Dea.

“At the same time, the ex-partner will have received a letter from the Department stating he or she is no longer liable to pay maintenance. By any standard, that is undesirable.

“I previously raised this issue with the Minister for Employment Affairs and Social Protection, Regina Doherty TD, and I have decided to proceed with my amendment as I felt that the Government were not moving quickly enough to close this loophole.

“I don’t understand the logic in allowing the Maintenance Recovery Division to operate until a child’s seventh birthday and to then stop because of a legislative anomaly. My bill ends that anomaly, and I expect all parties in the Dáil to back my bill and have it enacted as quickly as possible.”

He also said if there was a national agency recovering money from people, the Department of Social Protection would then have more money to redirect to other areas, which may include areas such as disabilities.