Foilsiú
Operational Guidelines: One-Parent Family Payment
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Ireland / United Kingdom Social Security arrangements from 1st January 2021
The European Union and the United Kingdom agreed a Trade & Cooperation Agreement which contains a Protocol on Social Security to take effect from 1st January 2021. The Protocol provides for a wide range of social security issues into the future. On the 31st December 2020, the Convention on Social Security agreed between Ireland and the United Kingdom was commenced. Together these Agreements ensure, that all existing social security arrangements for Irish & UK citizens are maintained into the future. Ireland as an EU Member State, will extend on a unilateral basis the advantages of the Convention to Union citizens, as required.
For Brexit-related information see:
For information on social welfare entitlements see:
One-Parent Family Payment is a means-tested payment which is made to men or women who are caring for a child or children without the support of a partner.
The main provisions relating to One-Parent Family Payment are contained in:
The scheme is administered by the Intreo Centres/Social Welfare Branch Offices throughout the country.
All new claims should be sent to the nearest Intreo Centre/Social Welfare Branch Office.
All guidelines for staff on the operation of the OFP scheme are issued by the National Processing Team: Schemes Policy Unit, Gandon House, Amiens Street, Dublin 1.
The person must be either:
or
AND
The person must also:
The person must be a 'qualified parent’. This means that the person is the parent, step-parent, adoptive parent or legal guardian of at least one relevant child who normally resides with them. ‘Relevant child’ means a person who:
and
It is not a qualifying condition for Guardian's Payment, that a person must be the legal guardian of the child.
However, it is a qualifying condition for One-Parent Family Payment (as above) that, if a person is not the parent, step-parent or adoptive parent of at least one relevant child, they must be the legal guardian of that child. Simply being in receipt of Guardian’s Payment for a relevant child, does not necessarily mean that they are the legal guardian of that child.
Where a person has been married or registered in a civil partnership more than once, the condition of being widowed or a surviving civil partner relates only to the last spouse or civil partner of the person. However, a person who is divorced from their spouse, or their civil partnership has been dissolved prior to death of spouse or civil partner, being a divorce or dissolution that is recognised as valid in the State,- and had not remarried or entered into another civil partnership, will qualify as a widow/widower/surviving civil partner provided all other qualifying conditions are satisfied.
For a person to qualify as a separated or divorced person or a person whose civil partnership has been dissolved, they must:
To qualify as a prisoner's spouse or civil partner, the other spouse or civil partner must:
or
A person must have the main care and charge of a child(ren). Generally speaking this means that a person must show that the child spends the greater amount of time (weekly) in their care. This aspect may have to be verified by a Social Welfare Inspector of the department. Under current legislation One-Parent Family Payment is not payable where a couple have joint equal custody of a child/ren.
One-Parent Family Payment is not payable to a person who is in a relationship and living with another person of the opposite or same sex.
See "Cohabitation" guidelines for more general information.
If a person in receipt of One-Parent Family Payment, marries or is in a civil partnership or remarries or is in a new civil partnership, entitlement to payment ceases from the date of marriage or civil partnership or remarriage or new civil partnership.
To qualify for OFP, a person must satisfy the conditions as the means assessment. The person's weekly means must be below the amount of OFP which would otherwise be payable to the person. OFP is not payable where the weekly means are equal to or exceed this amount.
For One-Parent Family Payment purposes, means (for example income from savings, investments, property and so on) are calculated in accordance with Part 5 of Schedule 3 of the Social Welfare (Consolidation) Act 2005, as amended.
Earnings are assessed in accordance with Part 5 of Schedule 3, of the Social Welfare (Consolidation) Act 2005, as amended.
See "Means Assessment" guidelines for more general information.
A statutory rental disregard of up to €269.23 per week (€14,000 per year) in respect of rental income from renting out a room(s) in your home to someone who is not an employee or an immediate family member. See "Means Assessment" guidelines for more details.
Any maintenance received for a child will be excluded from means for One Parent Family payment. However, all other maintenance, including spousal maintenance, will continue to be assessed in the normal manner.
Vouched housing costs of up to €95.23 per week (rent or mortgage) may be offset against spousal maintenance payments, with half the balance of spousal maintenance being assessed as means in establishing the rate of One-Parent Family Payment due.
Where the other parent continues to pay towards mortgage or rent, this should be considered for the benefit of a child/children and therefore should not be assessed as maintenance received.
Where there are housing costs, any maintenance paid in respect of the spouse only continues to be assessed in the normal manner.
All forms of Declaration, whether formal or informal arrangements made between the parties, will be accepted.
See "Means Assessment" guidelines for more general information and details on the assessment of spousal maintenance as means.
A person must be habitually resident in the State. Please see Habitual Residence Condition (HRC)” guidelines.
To qualify for One-Parent Family Payment (OFP) there must be a qualifying child under the relevant age threshold. The age limit of the youngest child for OFP entitlement purposes was gradually reduced to seven years of age. The reduction in the age limit was applied to new and existing customers on a phased basis.
If a person qualifies for OFP based on the age of the youngest child in the family, payment for the other qualified child(ren) will continue, until they reach 18 years or 22 years if they are in full-time education.
Domiciliary Care in payment or Customer recently bereaved
The cut-off point of youngest child that applies to OFP claims, does not apply in certain circumstances:
Special provisions have been put in place for customers who:
One-Parent Family Payment is made up of a personal rate and child support payment for each qualified child. The rate of payment depends on a person's means or income, that is rate of payment reduces as means or income increase. See SW 19 for current rates of payment.
See also Procedures following award re duration of payment.
A One-Parent Family Payment is not payable while a person is in a relationship and cohabiting with someone of the opposite or same sex.
See Cohabitation guidelines for more general information.
The Habitual Residence Condition applies to the One-Parent Family Payment. Full details are given in the Habitual Residence Condition guidelines.
A Deciding Officer must have due regard to EU law where it is applicable. In general, EU law takes precedence over National Law.
One-Parent Family Payment is classified as a Family Benefit under EU Regulation 883/2004. The effect of this is that an EEA national, who is employed or self-employed in Ireland and paying Irish PRSI, does not have to satisfy the Habitual Residence Condition. Such entitlement continues where the person becomes unemployed and is in receipt of Irish Jobseeker's Benefit or incapable of work and in receipt of Illness Benefit.
These entitlements are payable even if their children are habitually resident in another EEA State. The amount of Family Benefits payable by the Department of Social Protection will depend on whether there is entitlement to Family Benefits from another EEA State in respect of the same children.
One-Parent Family Payment is not payable to anyone residing outside the State, except for EEA nationals who are working in Ireland and qualify under the provisions of EU Regulation 883/2004, Article 7 and Articles 11 to 16 . A person may, however, have an absence of up to a maximum of 3 weeks outside the State for the purposes of holidays, attending a funeral and so on, and receive payment. The department must be notified in advance of the intention to leave the State and of the reason for the absence.
See Procedures following award and Payment Related Issues guidelines regarding payment arrangements while absent from the State.
A person is disqualified from receiving One-Parent Family Payment for any period during which they are iundergoing penal servitude, imprisonment or detention in legal custody. Payment for a relevant child and othere qualified children may be made to another person in certain circumstances.
See Procedures following award and Payment Related Issues guidelines for more detail on payment arrangements while imprisoned.
If a person fails to make a claim within the prescribed time (see section - Time Limits on making of a Claim , they will be disqualified from receiving payment in respect of any period prior to the date of claim. This also applies to making a claim for any increase in payment or allowances, for example claim for increase in payment in respect of an additional child.
However, where a person can prove to the satisfaction of a Deciding or Appeals Officer that entitlement existed and that there was good cause for the delay in making a claim for One Parent Family Payment, payment may be made for a period of up to 6 months before the date of claim.
Also, where a claim for payment or an increase in payment is made outside the prescribed time, the period for which payment is made can be extended where the delay in making the claim is due to:
or
or
See Claims and Late Claims guidelines for more information.
Back to Work Enterprise Allowance is available to persons in receipt of One-Parent Family Payment who become self-employed. This allowance which is paid instead of One-Parent Family Payment is subject to certain conditions, including that they have been in receipt of One-Parent Family Payment for 9 months.
The allowance is payable on a reducing scale over a two year period, that is 100% of a person's social welfare payment in year one and 75% in year two. Applicants must be setting up a self-employment business that has been approved in writing, in advance, by a Local Integrated Development Company or an Employment Personal Advisor (EPA) from this department.
A person in receipt of Back to Work Enterprise Allowance may retain secondary benefits, for example Fuel Allowance, while in receipt of One-Parent Family Payment. Other payments a person may qualify for are: Rent Allowance, Back to School Clothing and Footwear Allowance and a Medical Card.
See Back to Work Enterprise Allowance guidelines for more detail.
Community Employment is a training or employment scheme administered by this department.
New participants on Community Employment Schemes are disqualified from claiming OFP and participating in a CE Scheme during the same period. In these cases, an additional €20 per week that is paid to all CE participants will apply.
A person should contact their local Intreo Centre to apply for inclusion on a Community Employment scheme.
Persons in receipt of One-Parent Family Payment are eligible, subject to certain conditions, to participate in the Back to Education Allowance scheme. The Back to Education Allowance Scheme is an educational opportunities scheme for persons in receipt of certain social welfare payments who wish to pursue an approved full-time second or third level course of education in an approved college, leading to a recognised qualification. Participants will continue on their current rate of payment and will receive the annual cost of Education Allowance for attending their full-time day course of study. Participants may also continue to receive any secondary benefits to which they otherwise have an entitlement.
A person must be over the age of 18 and in receipt of One-Parent Family Payment for at least 3 months (in the case of approved second level courses), or at least 9 months (in the case of approved third level courses).
In the case of participants who qualified from an OFP claim, there is provision for continued payment of BTEA and Child Support Payment for customers until the completion of the course of study.
The BTEA application (form BTE1) should be completed as soon as a place has been secured on an approved second or third level course. The rate payable on BTEA is the same as is payable on OFP (means apply).
Persons on Back to Education Allowance will no longer be eligible to receive the maintenance portion of the student grant.
See "Back to Education Allowance" guidelines for further details.
This scheme is administered by the Department of Education and is operated through the ETB’s. To participate, a person must be in receipt of One-Parent Family Payment for at least 6 months and be 21 years of age or over.. Application should be made to the local ETB for a place on a scheme.
Payment of One-Parent Family Payment will be made in the normal way while attending a VTOS course. Secondary benefits may also be retained.
See Vocational Training Opportunities Scheme guidelines for further details.
Where a person in receipt of One-Parent Family Payment is working for an employer and on low income, they may qualify for this payment in addition to One-Parent Family Payment. Certain conditions apply in relation to hours of work and duration of employment. One Parent Family Payment is assessable as means for Working Family Payment.
Where One-Parent Family Payment ceases due to the age of the relevant child, Working Family Payment rate may be reviewed.
See Working Family Payment (WFP) for more general information.
Fuel Allowance is payable for a 26 week period from October to April if a person is living alone or with qualified children or other categories of exempted persons. Only one Fuel Allowance per household is payable. A person must apply for the allowance.
See "Fuel Allowance Schemes" operational guidelines for more general information.
A Widowed or Surviving Civil Partner Grant is a once-off payment designed to assist with income support needs of a widow/widower or surviving civil partner immediately following the death of their spouse or civil partner.
To qualify a widow/widower/surviving civil partner must be getting Child Support Payment for a Qualified Child). For the purposes of the Widowed or Surviving Civil Partner Grant, a qualified child is:
On the death of a qualified child, payment continues for six weeks at the rate in payment at the date of death. Notification of the date of death should be given to the department at the earliest possible date.
(See Payment Related Issues guidelines for more details.)
A person may also qualify for:
A Medical Card is available from the Health Service Executive (HSE) to persons who satisfy the means test.
See relevant Supplementary Welfare Allowance (SWA) guidelines for further details.
One-Parent Family Payment is not payable in addition to other social welfare payments (other than with Child Benefit) except in the following circumstances:
(1) A person in receipt of the maximum rate of One-Parent Family Payment or reduced rate One-Parent Family Payment may be paid the half-rate of one of the following payments, provided the conditions are satisfied:
(2) A person in receipt of reduced rate One-Parent Family Payment may be paid a partial rate of one of the following payments provided the conditions are satisfied and provided that the total payment does not exceed the maximum rate payable for the benefit that the person qualifies for:
(3) Working Family Payment may be payable to employed persons on low income in addition to One-Parent Family Payment. However, One-Parent Family Payment is assessable as means.
(4) Blind Pension is payable in addition to One-Parent Family Payment to age 66, subject to certain conditions being satisfied.
Where a person is in receipt of Blind Pension and One Parent Family Payment, the following benefits are not payable:
(5) Disablement Benefit at the personal rate in addition to One-Parent Family Payment
Child Support Payment is only payable once in respect of a child and is not payable to a person's spouse or civil partner on another social welfare payment. There is no half rate Child Support Payment on One-Parent Family Payment.
Child Support Payment is not payable on any social welfare payment, in respect of a child for whom Guardian’s Payment (Contributory) or (Non-Contributory) is in payment. Where a customer in receipt of Guardians Payment has an additional child or children in respect of whom they are not in receipt of Guardians Payment, Child Support Payment may be payable in respect of that child or children so long as the Child Support Payment conditions are satisfied.
See Operational Guidelines: Child Support Payment for further details.
The onus is on a person, under social welfare legislation, to apply for One-Parent Family Payment if they believes that they have an entitlement.
The One-Parent Family Payment claim form OFP 1 should be completed with all relevant questions answered. The form should be signed by the person in all cases. Where the person is unable to sign the claim form, their mark instead of signature must be witnessed.
The person should state their Personal Public Service (PPS) Number. However, if they have no PPS number, a PPS number will be allocated by the department.
The person should provide the relevant documentation, as indicated below, with the signed application form. However, the documentation may be sent to the department after the initial claim is made, if not immediately available. This may cause a delay in processing the claim as a Deciding Officer may not be able to decide on the entitlement until all relevant documentation has been received in the department.
Depending on their financial circumstances, a person may claim Supplementary Welfare Allowance while awaiting a decision on their entitlement to One-Parent Family Payment.
A person is required, under social welfare legislation, to provide any documents necessary to support their claim
A claim for One-Parent Family Payment should be made within three months of the date of entitlement as follows:
| Widowed or Surviving Civil Partner | within 3 months of spouse/civil partner/cohabitant's death |
| Unmarried | within 3 months of the birth of the child |
| Separated | A person must be separated for 3 months before applying for OFP. If application is received within 6 months of date of separation claim may be awarded from first day of entitlement (that is 3 months after separation). |
| Prisoner's spouse or civil partner for 6 months | date when spouse or civil partner has been detained in legal custody for 6 months without being sentenced or date when prison sentence of at least 6 months' duration starts. |
Claims decided by a Deciding Officer without referral to a Social Welfare Inspector for review should subsequently be sent for review by a Social Welfare Inspector at an early date.
Some claims may be referred to a Social Welfare Inspector prior to decision by a Deciding Officer, to establish if the conditions of entitlement to One-Parent Family Payment are fulfilled. Depending on the circumstances, a Social Welfare Inspector's report should address issues such as means or income, divorce, dissolution of civil partnership, separation, child dependency, spousal maintenance arrangements, housing costs, household composition, possible cohabitation, and where appropriate inspection of relevant certificates.
The spouse or civil partner of the parent of the child/ren, or other parent of the child/ren, may also be visited by a Social Welfare Inspector in order to review child dependency and spousal maintenance arrangements.
When all the relevant information is available the claim is referred to a Deciding Officer for decision.
Claims are decided by Deciding Officers appointed by the Minister under Section 299 of the Social Welfare (Consolidation) Act 2005, as amended. Deciding Officers are independent in the exercise of their function in deciding on entitlement to One-Parent Family Payment. See "Decision-Making" guidelines for more general information.
A notification of the decision of the Deciding Officer is issued to the person. When a claim is awarded at a rate other than the maximum rate of payment, the personis given an explanation of the reason for the reduced rate of payment. Details of how means or earnings are assessed are issued to the person. If the claim is disallowed the person is advised of the reason(s) for the disallowance.
Any person who is dissatisfied with a decision may request that the claim is reviewed by a Senior Deciding Officer in the relevant Intreo Centre or they may appeal directly to the independent Social Welfare Appeals Office.
A person is advised of their right of appeal against a Deciding Officer's decision if they are unhappy with it. They should appeal within 21 days of the date of the decision and they can ask for an oral hearing.
The easiest and quickest way to make an appeal is online on www.MyWelfare.ie. All they need is a verified MyGovID account. They can get a verified MyGovID account if they have a Public Services Card, a verified mobile phone number and an email address.
An appeals officer, whose decision is final, will then decide their case. Some cases can be decided without an oral hearing. If new information comes to light or their circumstances change, they can apply for Jobseeker's Allowance again.
Find more information on how to make an appeal here.
Where new information is made available as part of an appeal by the person, a Deciding Officer may revise a decision on entitlement, if it is to the advantage of the person. There is also a right of appeal against a revised decision. See "Decision-Making" guidelines for more information regarding revised decisions.
All award notifications advise the person of circumstances which could affect continued entitlement to the payment and request the person to advise the department of any such changes in circumstances.
Closing Claims where documentation is not supplied: If a person fails to furnish all documentation necessary to make a decision on their One-Parent Family Payment application, or fails to attend for interview with a Social Welfare Inspector, a decision cannot be made on the claim in the absence of the information or documentation outstanding. A letter is issued to the person requesting the outstanding documentation. If the documentation is not provided after a certain amount of time, the claim is closed. Any future claim will only be considered from the date of re-application.
The closure of a claim in these circumstances may not be appealed to the Social Welfare Appeals Office (as no decision has been made).
If a person is not satisfied with the decision of a Deciding Officer they may appeal directly to the independent Social Welfare Appeals Office. An Appeals Officer may decide the matter summarily, or may deal with the case by way of an oral hearing.
A statement is prepared on the facts relied on by the Deciding Officer in the making of a decision on entitlement to payment, and on the extent to which the facts and contentions advanced by the appellant are admitted or disputed. This statement is put before the Chief Appeals Officer.
A person may be interviewed by a Social Welfare Inspector regarding any facts or evidence put forward in support of an appeal, where the facts or evidence conflict with previous statements made by the person.
One-Parent Family Payment is payable weekly in advance on a Thursday (or Friday in the case of widow/widowers/surviving civil partners). Where the day from which payment takes effect is a day in the week other than Thursday or Friday, the payment takes effect from the following Thursday or Friday. The same procedure applies where there is a change in the rate of payment.
There are two methods of payment:
Electronic Information Transfer (EIT): Payment is made by way of a Public Services Card (swipe card) which can be used at a Post Office nominated by the claimant.
Electronic Fund Transfer (EFT): Payment is made by EFT, paid weekly directly into a chosen Bank or Building Society Savings Account.
Any arrears of payment due may be included in the normal method of payment or paid by cheque.
See "Payment Related Issues" guidelines for more general information.
One-Parent Family Payment is payable for as long as a person continues to satisfy the qualifying conditions and is not disqualified for any reason. Once the youngest relevant child on the claim reaches the age of 7 years One-Parent Family Payment stops. The person is advised in advance that the payment will cease and advised of other payments for which they may qualify.
In the case of prisoner's spouse or civil partner, payment continues for 4 weeks following release of prisoner from imprisonment.
Where a relevant child dies, payment continues for six weeks at the rate of payment at the date of death. See " Payment Related Issues " guidelines for more details on after death payments.
Stop dates are inserted on the department's computer system as appropriate, for example where there is a younger child in a family who satisfies the age requirements of the scheme, a stop is applied to the payment for an older child who reaches 18 years and the case is reviewed to establish if they are continuing in full time education.
When a Social Welfare Services Card or a cheque from the department is lost or stolen it should be reported to the department immediately. The Gardaí and the Post Office of payment should also be notified immediately of any such loss or theft.
See " Payment Related Issues " guidelines for more details.
If a person changes their address or wishes to change their bank or post office of payment, they should contact the department as soon as possible. See " Payment Related Issues " guidelines for more detail.
A person should notify the department if leaving the State and payment will be suspended for the period of the absence abroad. Payment may be made in certain circumstances for a short period (up to 3 weeks) during which a person is temporarily outside the State, for example on holidays, attending a funeral and so on. See "Payment Methods" guideline for more detail.
Direct Provision is the means by which the State seeks to meet its obligations to provide for the material needs of people seeking protection in the State. Protection seekers are offered accommodation under the system of direct provision operated by the Reception and Integration Agency (RIA) of the Department of Justice. Protection seekers living in Direct Provision receive a weekly Direct Provision Allowance. This allowance is a non statutory payment administered by designated persons of the Department Social Protection on behalf of the Department of Justice.
Persons seeking refugee or other status cannot meet the Habitual Residence Condition (HRC) and therefore cannot qualify for DSP means tested payments. Once a protection seeker is granted status they may apply for a DSP means tested payment appropriate to their circumstances. HRC is a condition for DSP means tested payments. Prior to 1 October 2020, persons who remained in Direct Provision for a period before moving into the community may have the value of the non-cash benefit taken into account in assessing their means under the scheme rules. Non-cash benefit is not assessable from 1st October 2020. See Habitual Residence Condition (HRC) guidelines and Social welfare entitlements of people in Direct Provision centres (or similar centres) guidelines.
Arrangements may be made for payment where a person is too ill to attend their Post Office to cash their payment. See " Payment Related Issues " guidelines for more details.
A person is disqualified from receiving One-Parent Family Payment including any increases, for any period of penal servitude, imprisonment or detention in legal custody.
The onus is on the person to notify the department of any changes in circumstances which may affect their entitlement to One-Parent Family Payment. Any increase in means or income must be notified to the department immediately.
When a claim is awarded, the person is advised that they must inform the department of any changes that may affect their payment.
The OFP 40 Review Form issues once a year to all those in receipt of One Parent Family Payment for completion, and where necessary a person must provide documentary evidence in certain circumstances and make a declaration that the information that they are providing is factual and complete.
The following are some circumstances and events which may affect a person's entitlement to payment:
Failure to notify the department of any of the above events may result in an overpayment of One-Parent Family Payment, which may be recoverable from the recipient by way of a lump sum repayment or deductions from their weekly payment. It may equally result in an underpayment of One-Parent Family Payment and arrears due to the person, for example where means have reduced.
See "Overpayment Recovery" guidelines and "Claims and Late Claims" guidelines for more detail.
A review is initiated when the department is notified of any change in circumstances that may affect entitlement. This review may be carried out by way of a visit from a Social Welfare Inspector, or by direct correspondence or phone contact.
Periodic reviews are also initiated by the department to confirm that the correct payment is being made to the appropriate person and that the qualifying conditions for receipt of One-Parent Family Payment continue to be fulfilled.
Where initial enquiries with a person, including written communication, fail to establish the facts as required, for example current or past means, current address and so on, payment of One-Parent Family Payment may be suspended until the relevant information has been provided by the person.
Where a claim is reviewed and the conditions for payment are not satisfied, the claim is disallowed. The person is informed of this decision and if they are not satisfied they are advised that they can appeal this decision.
See also "Decision-Making" guidelines for further information regarding revised decisions.
If an overpayment of One-Parent Family Payment has occurred it may be recoverable by the department. See "Overpayment Recovery" guidelines for more details.
Credited contributions are awarded to those in receipt of One-Parent Family Payment who, immediately prior to qualifying for the receipt of this payment, was in receipt of another social welfare payment for which credits were awarded, that is Jobseeker's Benefit or Allowance, Maternity Benefit, Illness Benefit, Health and Safety Benefit, Adoptive Benefit, Invalidity Benefit or Pre-Retirement Allowance.
See Operational Guidelines: PRSI - Credited Social Insurance Contributions for more general information.