Minister Humphreys announces enactment of landmark legislation to reform child maintenance system
- Published on: 7 March 2024
- Last updated on: 27 June 2024
- legislation now signed into law by the President
- Child Maintenance payments will now be excluded from all social welfare means tests
- reforms to benefit over 16,000 lone parents and help reduce child poverty
- Child Benefit to be extended to all 18-year-olds who are in full-time education from May
Minister for Social Protection Heather Humphreys has today announced that legislation has been enacted to disregard child maintenance payments from the means test for social welfare payments and to provide for the extension of Child Benefit to 18-year-olds from 1 May.
The Social Welfare and Civil Law (Miscellaneous Provisions) Act 2023 which was enacted this week gives effect to significant reforms for lone parents, including the exclusion of maintenance payments from social welfare means tests for the first time.
This means that 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 benefit over 16,000 lone parents and will cost approximately €10 million per year.
Minister Humphreys said:
“This legislation represents a landmark reform of the child maintenance system in Ireland.
“Under the reforms, Child Maintenance payments will be excluded from the Social Welfare means test for the first time.
“It is estimated that this measure will be of direct benefit to some 16,000 lone parents and will play a significant role in reducing child poverty.
“When I worked in the Credit Union, I saw that some weeks, the child maintenance was paid, other weeks it was missed.
“And the person that suffers most in that situation is the child. And I don’t want to see that happen.
“So this legislation will make a positive difference to so many different families.”
In relation to Child Benefit, the legislation provides that from 1 May, Child Benefit will be paid in respect of anyone who is 18 and in full-time education, or who has a disability, up until their 19th birthday.
The measure will benefit around 60,000 children annually.
The Minister has today emphasised that for any family that is currently out of payment – but their child is 18 and in full education or has a disability – their payment will be reinstated. In the coming weeks, the department will begin communicating directly with families that will benefit from this measure.
Speaking today, Minister Humphreys said:
“Child Benefit is a vital support for so many families and this extension will benefit thousands of families right across the country, who up until now saw their Child Benefit cease as soon as their child turned 18.
“I want to make it clear – this measure applies in respect of all 18 Year Olds who are still in Full-Time Education in May 2024.
“For example, parents of children who recently turned 18 in February will be paid again from May 2024 up to their 19th birthday, once their child is in full-time education.
“So if you are out of payment and your child is 18 and still in full-time education, your payment will be reinstated by the department.
“We expect that some 60,000 children will benefit annually as a result of the changes that have now been passed in the Dáil.”
Notes
Child Maintenance Payments
The cessation of the assessment of child maintenance payments in the means tests for social welfare payments is based on the recommendations of the Report of the Child Maintenance Review Group, which the government accepted regarding the social welfare system.
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.
Report of the Child Maintenance Review Group.
The necessary Regulations and associated arrangements are currently being finalised in order to bring the changes into effect in the coming weeks.
Child Benefit
The Department of Social Protection will be in contact with all recipients of Child Benefit over the coming months to advise of the next steps.
In the case of a child who turned 18 after May 2023 and who is still in full-time education, they will be eligible again from May 2024 up to their 19th birthday.
As the measure comes into effect in May, there will be no payment for any intervening period up to May 2024.
The parent/guardian does not need to reapply if the child is in full-time education and the department holds a current education certificate. The payment will be reactivated from May 2024 as long as the certificate is valid, and payment will continue for as long as a valid education certificate is in place or the child turns 19, whichever comes first.
If the child turns 18 after May 2024, Child Benefit will automatically be extended to either the 19th birthday or the expiry date of the current certificate.
In cases where the education certificate expires prior to the 19th birthday, a new education certificate will be issued to the parent/guardian before it expires. This must be completed and returned to allow payment of Child Benefit to resume.
The department will contact a parent/guardian directly if they need to provide an updated education certificate.
For those individuals who need to update their payment details, the quickest and easiest way to change payment details is online at MyWelfare.ie.