Social Welfare Act, 1998

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Liable relative.

24.—(1) Section 2 of the Principal Act is hereby amended by the insertion after subsection (4) (inserted by section 38 of the Act of 1996) of the following subsection:

“(5) Subject to Part IX of this Act ‘liable relative’ means in relation to any person—

(a) a man who is liable to maintain—

(i) his wife,

(ii) his former wife where the marriage has been dissolved, being a dissolution that is recognised as valid in the State,

while she is in receipt of an allowance or benefit, and

(iii) any qualified child of his in respect of whom an increase in allowance or benefit is payable to the mother, or

(b) a woman who is liable to maintain—

(i) her husband,

(ii) her former husband where the marriage has been dissolved, being a dissolution that is recognised as valid in the State,

while he is in receipt of an allowance, and

(iii) any qualified child of hers in respect of whom an increase in allowance is payable to the father.”.

(2) Section 247 of the Principal Act (as amended by section 29 of the Act of 1997) is hereby amended by the substitution in subsection (2) for paragraph (dd) (inserted by section 7(3) of the Act of 1996) and (e) of the following paragraphs:

>“(e) Part VA (continued payment for qualified children),

>(f) Part VI (general provisions relating to social insurance, social assistance and insurability), and

>(g) Part IX (liability to maintain family).”.

(3) Section 29(1)(b) of the Act of 1997 is hereby revoked.

(4) Section 284(1) of the Principal Act is hereby amended by the substitution for the definition of “allowance” of the following definition—

“‘allowance’ means one-parent family payment, supplementary welfare allowance or a relevant payment by virtue of section 18 (1)(a) or (b) of the Social Welfare Act, 1996 ,”.

(5) Section 286 (as amended by section 29 of the Act of 1997) of the Principal Act is hereby amended by the substitution for subsection (4) of the following subsection:

“(4) Where a judge of the District Court is satisfied that, at the time of the hearing of an application by the competent authority under subsection (2), the liable relative had failed or neglected to make the contribution required under this section and was able to contribute to the allowance granted, the judge shall order the payment thereof to the competent authority in such a manner as he or she considers proper.”.