Social Welfare Act, 1989

PART III

Liability to Maintain Family

Insertion of Part X in Principal Act (Liability to maintain family), repeals.

12.—(1) The Principal Act is hereby amended by the insertion after Part IX of the following Part:

“PART X

Liability to Maintain Family

Interpretation.

314.—(1) In this Part—

‘the Act of 1976’ means the Family Law (Maintenance of Spouses and Children) Act, 1976 (as amended or extended by any subsequent enactment whether passed before or after this Act);

‘allowance’ means deserted wife’s allowance under section 195, supplementary welfare allowance under section 200 or deserted husband’s allowance under section 198B;

‘benefit’ means deserted wife’s benefit under section 100;

‘competent authority’ in relation to deserted wife’s benefit, deserted wife’s allowance, and deserted husband’s allowance means the Minister and in relation to supplementary welfare allowance means the health board which granted that allowance to a recipient;

‘order of the Court’ means a maintenance order, a lump sum order, an attachment of earnings order, a variation order or an interim order, under the Act of 1976.

(2) Every reference in this Part to a person who is liable to maintain another person shall be construed as meaning a person who by virtue of section 315 is liable to maintain such other person.

Liability to maintain family.

315.—For the purposes of sections 100, 195, 200 and 198B and without prejudice to any obligations imposed by law or otherwise, the following provisions shall have effect, that is to say—

(a) a man shall be liable to maintain—

(i) his wife, and

(ii) any child of his, being a child who is under the age of 18 years or (save for the purposes of section 200) who is of or over that age and under the age of 21 years and is receiving full time education or instruction by day at any university, college, school or other educational establishment, and

(b) a woman shall be liable to maintain—

(i) her husband, and

(ii) any child of hers, being a child who is under the age of 18 years or (save for the purposes of section 200) who is of or over that age and under the age of 21 years and is receiving full time education or instruction by day at any university, college, school or other educational establishment.

Contribution towards benefit or allowance.

316.—(1) Where a benefit or allowance is paid to any recipient, every person who is liable to maintain that recipient or to maintain any child in respect of whom an increase in such benefit or allowance is granted, shall be liable to contribute to the competent authority such amount as that authority may determine to be appropriate towards such benefit or allowance.

(2) Where a person who is liable to contribute under subsection (1) fails or neglects to contribute, the competent authority may apply to the District Court for an order directing the person liable to contribute to make such contribution towards the benefit or allowance.

(3) The competent authority, before making an application to the District Court under subsection (2), shall serve notice of the application on the person liable to contribute.

(4) Where the District Court is satisfied that, at the time of the hearing of an application by the competent authority under subsection (2), the person liable to contribute had failed or neglected to make the contribution required under subsection (1) and was able to contribute to the benefit or allowance granted, the District Court shall fix the amount of the contribution to be made by the person so liable and shall order the payment thereof to the competent authority by way of such payments as the Court shall think proper.

Payments under order of Court to offset contributions.

317.— Where an order of the Court has been granted to a person who is in receipt of a benefit or allowance, the payments made under that order shall offset either in whole or part, as the competent authority may determine, contributions due by the person liable to contribute pursuant to section 316 (1) to such benefit or allowance.

Recipient of benefit or allowance to transfer to competent authority payments under order of Court.

318.—(1) Subject to subsection (2), a person who is in receipt of a benefit or allowance shall be liable to transfer to the competent authority payments made to that person in compliance with an order of the Court.

(2) A person who is in receipt of a benefit or allowance prior to the commencement of this Part (or part thereof) shall not be liable to transfer any payments made to that person in compliance with an order of the Court made prior to such commencement but where an order of the Court made subsequent to the commencement of this Part (or part thereof), varies an order made prior to such commencement the person concerned shall be liable to transfer to the competent authority the sum, if any, by which the amount of the order made subsequent to the commencement of this Part (or part thereof) exceeds the amount of the order made prior to such commencement.

(3) Where a person who is in receipt of benefit or allowance fails to comply with the provisions of subsection (1) or (2) the benefit or allowance being paid to that person shall be reduced by the amount which that person is liable under subsections (1) and (2) to transfer to the Minister.

Investigations by social welfare officers or health boards.

319.— (1) A social welfare officer authorised in that behalf by the Minister shall investigate into and report to the Minister upon any question arising on or in relation to any benefit or allowance which may be referred to him by the Minister, and may, for the purpose of such investigation and report, require a person liable to contribute under section 316 (1) or any employer of any such person to furnish him with such information and to produce to him for inspection such documents relating to that person as he may reasonably require.

(2) A health board may investigate into any question arising on or in relation to supplementary welfare allowance granted by the board and may, for the purpose of such investigation, require a person liable to contribute under section 316 (1) or any employer of any such person to furnish the health board with such information and to produce to the health board for inspection such documents relating to that person as the health board may reasonably require.

(3) Where a person liable to contribute under section 316 (1) or the employer of any such person fails to comply with the provisions of subsections (1) and (2), he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or on conviction on indictment to a fine not exceeding £10,000.

Commencement of Part X.

320.— This Part shall come into operation on such day or days as may be fixed by order or orders of the Minister either generally or with reference to one or more of the sections of this Part and different days may be so fixed for each, or part of each, of those sections.”.

(2) Sections 214 and 215 of the Principal Act are hereby repealed.

(3) Subsection (2) of this section shall come into operation on such day as the Minister may appoint by order.