Update on changes to the assessment of Child Maintenance Payments
Date for the removal of child maintenance from social welfare means-tests announced.
The date for the removal of child maintenance payments from means-tested social welfare payments has been announced, see press release here.
From 4th June 2024, child maintenance payments will be excluded from all social welfare means-tests.
Many lone parents currently on reduced rates of social welfare payments will see their payment increase. People who were not eligible before may be eligible now, if they meet all of the other conditions for a payment.
We have been advised that reviews of claims where child maintenance was included will take place automatically. There is no need for people to take any action. The Department of Social Protection will identify cases where child maintenance has been included, and will review the claims.
The Department will be contacting people over the coming weeks to let them know about the review, and to tell them about any changes to their payment.
We have updated the most frequently asked questions on our helpline below.
What is child maintenance?
Put simply, child maintenance is money paid to the parent the children live with most of the time, by the other parent, to pay towards the cost of caring for them.
A parent is required to maintain a dependent child. A dependent child is a child who:
- Is under 18 years old or
- Is over 18 and under 23 years old but is still in full-time education or
- Someone who has a mental or physical disability and where it is not reasonably possible for the child to maintain her/himself fully. In this case the duty to financially maintain that child continues indefinitely.
In Irish law, both parents are obliged to provide for their dependent children according to their circumstances – whether they were married or not.
How was child maintenance treated previously, in means testing for social welfare payments?
Prior to these changes child maintenance was included in calculating a person’s ‘means’ which decides the amount of payment they receive weekly. Some maintenance was ‘disregarded’ if the person paid rent or mortgage. This announced change means that child maintenance will not be included in calculating a person’s ‘means’ and it won’t impact the amount of weekly payment they receive.
I receive spousal maintenance as part of my divorce agreement. Will this also be excluded from social welfare means testing?
No, only child maintenance paid for the benefit of a child will be excluded. You must still declare spousal maintenance and it will continue to be included in means testing as normal.
I am on a reduced payment because child maintenance is included in my ‘means’. Will my social welfare payment go up?
If you are on a reduced-rate payment because child maintenance is included in your ‘means’ as income, then, once it is removed, and provided all other circumstances remain the same, your weekly social welfare payment should increase.
I declared child maintenance to the Department, but I am not sure if this reduced my payment. Am I guaranteed an increase if my payment is reviewed?
A review will only result in an increase in your payment depending on how much child maintenance you receive and whether you were previously using a housing disregard to minimise how much maintenance was included in the initial means test. For example, if you receive and declared weekly child maintenance of €80 per week but you also have housing costs over €95 per week, then your payment may not have been reduced due to child maintenance and a review will not result in an increase.
When will this change happen and when will my payment be reviewed?
The law changed on 4th June 2024 and child maintenance is excluded from that date. The Department have advised that any increase in your payment will be backdated to the date the law is commenced, that is, to 4th June 2024. Reviews of claims where child maintenance was included will take place automatically, there is no need for people to take any action. The Department of Social Protection will identify cases where child maintenance has been included, and will review the claims. The Department will be contacting people over the coming weeks to let them know about the review, and to tell them about any changes to their payment.
I am applying for One-Parent Family Payment. Do I still need to show that I tried to get maintenance from the other parent?
No, you do not need to provide details of child maintenance you receive or provide any evidence that you have sought child maintenance from the other parent. You must declare any spousal maintenance as this will continue to be included in means testing.
I am applying for One-Parent Family Payment. Do I still need to declare maintenance on the application form?
If you are making a new claim, you do not need to provide details of child maintenance you receive. You must declare any spousal maintenance as this will continue to be included in means testing.
Will any changes to my payment be backdated?
The law changed on 4th June 2024 and child maintenance is excluded from that date. The Department have advised that any increase in your payment will be backdated to the date the law is commenced, that is, to 4th June 2024. Reviews of claims where child maintenance was included will take place automatically, there is no need for people to take any action. The Department of Social Protection will identify cases where child maintenance has been included, and will review the claims. The Department will be contacting people over the coming weeks to let them know about the review, and to tell them about any changes to their payment.
I pay court ordered child maintenance and my childrens’ other parent receives a social welfare payment. Do I still have to pay?
If there is a court order which requires you to pay child maintenance, you must continue to pay. If you do not, you are in breach of a court order which is an offence. Parents are responsible for the support and maintenance of their children, and this is not linked to whether the other parent is on a social welfare payment.
I pay child maintenance for my children, but it is by agreement and not court ordered. Do I still have to do that?
In Irish law, both parents are responsible for the support and maintenance of their children. This change does not change those obligations. It is hoped that it will improve the situation for children, not disimprove it.
I only get Disability Allowance, but I receive child maintenance. Do the changes apply to my payment also?
The decision to remove child maintenance from the assessment of means applies to all social welfare payments and not just One-Parent Family Payment or Jobseeker’s Transitional Payment. If you are in receipt of Disability Allowance, Carer’s Allowance, Jobseeker’s Allowance, Working Family Payment etc., and your payment has been reduced because you receive child maintenance, then these changes will apply to you.
My Rent Supplement is reduced because of my child maintenance payment will these changes apply to me?
Yes, these changes will apply to you. Child maintenance will no longer be assessed as means or income for the purposes of any Department of Social Protection Social Assistance scheme or means tested payment, which includes Rent Supplement, from June 4th 2024.
Do these changes apply to other State supports that means test child maintenance?
No, these changes only apply to means tested social welfare payments. Other state supports like medical cards, childcare subsidies etc. will still means test maintenance according to the rules and regulations associated with that support. One Family will continue to campaign to have means testing of child maintenance removed across all Government supports.
What should I do if I have questions, or the Department are still assessing my child maintenance as means or they refuse to review my payment?
The Department of Social Protection has stated that reviews of payments will happen automatically, and that people do not need to do anything.
The Department will be contacting people over the coming weeks to let them know about the review, and to tell them about any changes to their payment.
In the meantime, it is better if parents do not request a payment review if it only relates to the inclusion of child maintenance. Your right to request a payment review for other reasons (a new job, a reduction in working hours etc.) remains in place.
You can also contact the askonefamily helpline on 01 6629212 or 0818 662212 and we would be happy to help. You can also email us at helpline@onefamily.ie The helpline is open Monday to Friday from 10am to 3pm.
We will update this page when we receive any updated information.
Background and Context
The Social Welfare and Civil Law (Miscellaneous Provisions) Act 2023, gives effect to significant reforms for people parenting alone, including the exclusion of maintenance payments from social welfare means tests for the first time.
In November 2022, the Government announced that child maintenance payments would no longer be included when calculating means and assessing eligibility for social welfare payments. This decision was made following recommendations made by the Child Maintenance Review Group, established by Government. The decision means that many people parenting alone on reduced rates of social welfare payment (due to the inclusion of child maintenance as means) will see their payment increase. It also means that more lone parents may qualify for a social welfare payment.
Seeking Maintenance and the Liable Relative Provision
The review group recommended that parents no longer be required to show ‘proof of efforts’ that they had sought maintenance from the other parent which is a requirement for the One-Parent Family Payment and Jobseeker’s Transitional Payment. This recommendation was accepted. In August 2023, the Minister announced that she had signed regulations which meant that parents no longer had to prove that they had sought maintenance from the non-resident parent when applying for the One-Parent Family Payment, or Job-Seeker‘s Transitional Payment.
The recommendation to remove the liable relative provision (which allowed the Department to recoup money from the non-resident parent) was also accepted and the required changes to the law are now in place.
Exclusion of Child Maintenance Payments from Means Testing
Changes to the law were also needed for the removal of child maintenance as means from new and existing claims, where it was included. The Social Welfare and Civil Law (Miscellaneous Provisions) Act 2023 has now been enacted and the legislation has been commenced as of 4th June 2024.
The exclusion of child maintenance from means testing applies to both new social welfare applicants and people who already receive social welfare payments. Child maintenance will no longer be assessed as means or income for the purposes of any Department of Social Protection social assistance scheme or means tested payment including One-Parent Family Payment, Jobseeker’s Transitional Payment, Carer’s payments, Rent Supplement, Disability Allowance, Jobseeker’s Allowance etc.
Obligation to Support Children
The removal of child maintenance from the calculation of social welfare payments does not in any way reduce a parent’s obligations to support their children. It is still the primary responsibility of both parents to maintain and support their children. It is hoped that these changes will improve the situation of children where their main carer is dependent on a social welfare payment, particularly in the context of increased cost of living expenses.
