Minister Humphreys announces changes in respect of Child Maintenance Payments to support Lone Parents
- Published on: 4 August 2023
- Last updated on: 28 August 2023
- Child Maintenance payments will be excluded from social welfare means tests
- lone parents will no longer need to make efforts to seek maintenance to access social welfare payments
- estimated 16,000 lone parents to benefit
- legislative amendments at advanced stage
The Minister for Social Protection Heather Humphreys has signed into effect regulations which mean that lone parents no longer have to prove that they have made efforts to seek child maintenance from their child’s other parent, when applying for the One Parent Family payment or Jobseeker’s Transitional Payment.
Announcing the changes, Minister Humphreys said:
“I have signed regulations which mean that applicants for One-Parent Family Payment and Jobseeker’s Transitional Payment will no longer be required to make efforts to seek maintenance from their child’s other parent.
“This requirement often involved lone parents having to go to Court to seek a maintenance order, so this change removes a potential additional stress for them, as well as helping to reduce the burden on our courts system.”
In addition, over 16,000 lone parents will benefit from changes which will result in Child Maintenance payments being disregarded in the means test for social welfare payments. Many lone parents on reduced rates of payment will see their payment increase and others will qualify for a payment. It is estimated that this measure will cost approximately €10 million per year.
The liable relative provisions have not been applied to new claims for One-Parent Family Payment. As a result, the department no longer seeks to recoup a portion of claim costs from the non-resident parent. It is important to note that removing these provisions does not replace or supersede the primary responsibility of parents to maintain their children.
These two changes will be implemented following amendments to legislation, which is now at an advanced stage following approval by Government.
Minister Humphreys added:
“I am delighted that I have recently received government approval to draft the changes to primary legislation required in relation to the liable relatives’ provisions and removing child maintenance payments from assessment in the means test.
“I have sent the draft Heads of Bill to the Joint Committee on Social Protection, Community and Rural Development and the Islands for pre-legislative scrutiny. I hope to publish the Bill as early as possible in the Autumn.
“These are very significant reforms of the social welfare system which will be of great benefit to lone parents.”
The changes are based on the recommendations of the Report of the Child Maintenance Review Group in relation to the social welfare system, which the government accepted. The Review Group was established by the government to examine a range of issues relating to child maintenance in Ireland. It was chaired by former Circuit Court Judge Catherine Murphy, and included policy, legal and academic professionals.
Notes
The Child Maintenance Review Group was tasked with considering and making recommendations on:
- the current treatment of child maintenance payments in the Department of Social Protection
- the current provisions regarding liable relatives managed by the Department of Social Protection; and
- the establishment of a Child Maintenance Agency in Ireland
As part of its work, the Group conducted an extensive public consultation process and examined international practice.
In terms of social welfare changes, the Group recommended that:
- child maintenance should no longer be assessed as means or income for the purposes of any Department of Social Protection Social Assistance scheme
- the requirement to make efforts to seek maintenance as a condition for eligibility for One-Parent Family Payment and Jobseeker’s Transitional Payment should be removed
- the ‘liable relative provisions’ should no longer apply, meaning that the Department of Social Protection would no longer seek to recoup a portion of claim costs from the non-resident parents
The government accepted all of these recommendations. The Minister for Social Protection has recently signed Regulations to remove the requirement for applicants for One-Parent Family Payment and Jobseeker’s Transitional Payment to make efforts to seek maintenance from their child’s other parent. The Minister and her department are working on the necessary legislation to implement the other reforms.