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Minister Humphreys launches Consultation Process under the Review of Child Maintenance Arrangements

  • Six Week consultation to feed into the work of the Government’s Child Maintenance Review Group
  • Submissions may be sent by email to maintenancereview@welfare.ie

 The Minister for Social Protection, Heather Humphreys TD, today announced the launch of the Consultation Process under the review of Child Maintenance Arrangements. 

As part of the six week consultation, stakeholders and members of the public are invited to submit their views on the current treatment of child maintenance payments and the obligations of liable relatives within the social protection system.

Another part of the Terms of Reference relates to whether a specific Child Maintenance Agency should be established.

The public consultation being launched by Minister Humphreys will inform the work of the Child Maintenance Review Group.

This Group was established in 2020 by the Government to examine a number of issues regarding child maintenance within the social protection system.

The Review Group, which is chaired by former Circuit Court Judge Catherine Murphy, is due to submit its report to the Minister later this year.

Speaking today, Minister Humphreys said:

“The Child Maintenance System is a complex one that affects thousands of families across the country.

I am very pleased that the Review of Child Maintenance Arrangements is underway and to announce today the call for submissions under the Public Consultation Process

“This process is an opportunity for stakeholders, whether they are individuals or groups, to provide information, experiences and different perspectives on the areas under consideration.

“Stakeholder submissions are a vital source of information which will help to inform the review and the recommendations which the Group will present to me later this year.”

Further Information

Under existing Family Law legislation, parents and certain categories of guardian or people acting in the place of parents, who may be liable under the Children and Family Relationships Act 2015, are obliged to maintain their children. 

In cases where the family unit has broken down these obligations continue to apply. 

Child maintenance arrangements can be agreed directly between the parties themselves, or with the assistance of their solicitors, private mediators or supports such as the Family Mediation Service, the Legal Aid Board, or ultimately can be determined through the Courts.

It is a condition of the One-Parent Family Payment (OFP) and Jobseeker’s Transition (JST) schemes that applicants must make efforts to seek maintenance from the other parent.    

In addition, where a One-Parent Family Payment is awarded, the Department of Social Protection seeks to engage with the other parent or liable relative in order to ascertain whether they are in a financial position to contribute towards the cost of the One Parent-Family Payment.   

These issues are being considered by the Group along with an examination of the case for the establishment of a State Child Maintenance Agency.

Consultation Process

Interested parties are invited to make a submission with observations in relation to the terms of reference which are:

To consider and make recommendations on:

  • The current treatment within the Department of Social Protection of child maintenance payments;
  • The current provisions relating to the liable relatives regarding child maintenance; and
  • The establishment of a State Child Maintenance Agency

A consultation document setting out more detail in relation to the consultation process including some topics members of the public or stakeholders may wish to consider in their submission is available at www.gov.ie/maintenancereview

Submissions may be submitted by email to maintenancereview@welfare.ie or by post to FAO Child Maintenance Review Group, One Parent and Child Income Policy, Floor One, High Wing, Department of Social Protection, AMD, Dublin 1.

Submissions should be returned not later than March 26th, 2021.

Submissions should include the full name and address of the person making the submission and, where relevant, the name of the body or organisation represented.

Judge Murphy stated:

The Review Group looks forward to receiving submissions from stakeholders and interested parties in respect of their experiences, views and proposals concerning the matters being considered, which will be of valuable assistance to the Group in its’ work.”

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Note for Editors

Terms of Reference

The purpose of the Child Maintenance Review Group is to consider and make recommendations on:

  • The current treatment within the Department of Social Protection of child maintenance payments;
  • The current provisions relating to the liable relatives regarding child maintenance; and
  • The establishment of a State Child Maintenance Agency

As part of its work the group is conducting a public consultation process.  International experience is also being examined.

Membership of the Group

The group is chaired by former Circuit Court Judge Catherine Murphy and its membership includes legal, policy and academic professionals, and officials from the Department of Social Protection and the Department of Justice, as follows:

  • Academic: Dr Roisin O’Shea (Minister’s nominee)
  • Barrister: Mary O’Toole, Senior Counsel (Minister’s nominee)
  • Solicitor: Sandra McAleer (Minister’s nominee)
  • Simonetta Ryan, former Assistant Secretary General, Department of Social

Protection

  • Rónán Hession, Assistant Secretary General, Department of Social Protection.
  • Liam Coen, Principal, Department of Justice

What will happen to the submissions made to the Group

This is a public consultation and the Freedom of Information Act 2014 applies.

Any personal information, which is volunteered to the Department, will be treated with the highest standards of security and confidentiality, strictly in accordance with the General Data Protection Regulation 2016/67 and the Data Protection Act 2018. Please note the following:

  • The Department’s full Privacy statement can be reviewed here
  • The information provided in submissions will be shared with members of the Child Maintenance Review Group, with any personal data redacted.
  • The Department may publish the outcome of the reviews and submissions received under this consultation on www.Gov.ie, and a full list of those who make submissions may be included as an appendix in any reporting that emerges from the consultation process. Any personal data will be redacted.
  • Any non-personal information received by the Department included in submissions may be released under the FOI Act. Should a request for this information be made, the Department will consult with the person before making a decision should it be required to disclose it. Again, any personal data would be redacted in line with FOI legislation.
  • Submissions will be retained until the review process, including the implementation of any accepted recommendations has been concluded.