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One Parent Family Payment Case 2

Question At Issue:

Liability to make contributions to the Department of Social and Family Affairs in respect of a child.

Background:

A One Parent Family Payment was awarded to a lone parent with one child in 1998. A Determination Order issued to the appellant (the child’s father) approximately three years later, advising that he was liable for the support and maintenance of the child. The decision to do so was made by the Deciding Officer with reference to Section 286(1) of the Social Welfare (Consolidation) Act, 1993. The amount specified by way of weekly contribution to be made to the Department of Social and Family Affairs was €76 per week.

Oral Hearing:

The appellant attended, accompanied by his solicitor. The child’s mother attended, at the request of the Appeals Officer, and was accompanied by her mother.

She confirmed that she was in receipt of the maximum rate of One Parent Family Payment, and that she received no maintenance from the appellant. She stated that the appellant spends time with their child, approximately once a month. The appellant, represented by his solicitor, argued that the amount set out in the Determination Order was excessive, particularly in view of the fact that his employment contract was due to expire in a year’s time. He indicated that he lives with his parents, and argued that some allowance should be made for the contribution he makes to the household income. The Appeals Officer advised the appellant that all of the relevant allowances had been taken into account in assessing his liability under the legislation. He also pointed out that, in accordance with the relevant legislation, the appellant’s income was sufficiently high to warrant a contribution of some €100 per week. However, his liability had been determined with reference to the rate applied by the Family Law Courts for the support of one child (€76 per week).

Consideration of the Appeals Officer:

The Appeals Officer noted that the appellant’s income was sufficiently high to have paid a contribution in excess of that set out in the Determination Order. Having examined all of the evidence, he was satisfied that the contribution assessed towards the support and maintenance of the appellant’s child was calculated correctly, in accordance with the legislative provisions and that, accordingly, his appeal must fail.

Outcome:

Appeal disallowed.

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