Dáil Éireann Debate, Tuesday - 15 February 2022
510. Deputy Ivana Bacik asked the Minister for Social Protection the provision of the Social Welfare Consolidation Act 2005 that empowers her to introduce the requirement for claimants of the one-parent family payment to seek maintenance as stipulated by statutory instrument and Ministerial regulation in 2007 regulations 125, 125A and 126 of SI. 142/2007. [8295/22]
Amharc ar fhreagraI am happy to assist the Deputy with the information requested; however, this should not be construed as an interpretation of the law, which is solely a matter for the Courts.
Section 4 of the Social Welfare (Consolidation) Act 2005, as amended (the "Act"), provides, amongst other things, that the Minister may make regulations for any purpose in relation to which regulations are provided for by the Act, and for prescribing any matter referred to in the Act as prescribed or to be prescribed.
The legislative provisions in relation to the One-Parent Family Payment are set out in Chapter 7 of Part 3 of the Act, that is, sections 172 to 178F inclusive. Section 173 sets out the provisions in relation to entitlement to One-Parent Family Payment and specifies that entitlement is subject to the Act and to regulations made under the Act. Section 177 further provides that the Minister shall make regulations regarding One-Parent Family Payment. The relevant regulations are set out in Statutory Instrument 142 of 2007.
I trust this clarifies the matter for the Deputy.
