Minister Humphreys announces implementation of landmark legislation to reform child maintenance system
- Published on: 4 June 2024
- Last updated on: 2 October 2024
- legislation being implemented with effect from 4 June
- Child Maintenance payments will now be excluded from all social welfare means tests
- reforms will benefit over 16,000 lone parents and help reduce child poverty
Minister for Social Protection Heather Humphreys has today announced that changes to the social welfare means test which will see child maintenance payments disregarded will take effect from the 4th June.
The Social Welfare and Civil Law (Miscellaneous Provisions) Act 2024 provides for significant reforms for lone parents, in particular the exclusion of child maintenance payments from social welfare means tests for the first time.
The change to the means-test 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 this payment.
It is estimated that this measure will benefit over 16,000 lone parents and will cost approximately €10 million per year.
People do not need to take any action in order to benefit from this measure which may see their payment increase. The department is undertaking a significant project to identify and review those claims where a maintenance payment has already been assessed. The department will contact those affected over the next few weeks to advise them of the review and any resulting changes to their payment. There is no need for people to contact the department to request a review of a claim as this will take place automatically.
Commenting today, 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.
“This is good news for lone parents. 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 for myself 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 families.”
Notes
Means Assessment Changes - Payment Reviews
From the week beginning 4 June 2024, any child maintenance a person receives is no longer assessed in the means or income test for any social welfare payments. This means a person’s payment may increase.
People do not need to take any action.
The department is reviewing payments and will revise people’s payment in light of this change if appropriate.
The Department of Social Protection will contact recipients within the next few weeks to advise of the outcome of the review and any resulting changes to their payment.
If a person is getting a maintenance payment that isn’t child maintenance, this will continue to be assessed as usual. The letter people receive in relation to the outcome of the review of their claim will explain that they are obliged to inform the department of any such payments.
Report of the Child Maintenance Review Group
The cessation of the assessment of child maintenance payments in the means tests or income tests for social welfare payments, the removal of the liable relative provisions and the removal of the requirement of the One-Parent Family Payment and Jobseeker’s Transitional Payment recipients to make efforts to seek maintenance from their child’s other parent are 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.