SWI - One-Parent Family Payment

ONE PARENT FAMILY PAYMENT - INSTRUCTIONS TO AREA MANAGERS AND INSPECTORS

INDEX

PART 1 - INTRODUCTION

PART 2 - ENTITLEMENT

2.1 DESCRIPTION OF SCHEME

2.2 LEGISLATION

2.3 QUALIFYING CONDITIONS SUMMARY

2.4 QUALIFYING CONDITIONS DETAIL

Widow/ Widower
Separated/Divorced
Unmarried
Maintenance
Prisoners Spouse
Main Care of Child
Cohabitation
Marriage/Re-Marriage
Earnings
Means Test

2.5 SPECIAL CASES

2.6 DISQUALIFICATIONS

Cohabitation
Absence from State
Imprisonment
Habitual Residency Condition
Late Claims

2.7 RATES STRUCTURE

Basic Rates
Increases for a Qualified Child

PART 3 - ADDITIONAL OPTIONS FOR O.P.F.P RECEIPTS

3.1 EMPLOYMENT SUPPORT

Back to Work Enterprise Allowance
Back to Work Allowance
Community Employment

3.2 EDUCATIONAL SUPPORT

Back to Education Programme
Vocational Training Opportunities Scheme

3.3 EXTRA ALLOWANCES/BENEFITS

Reduced Rate PRSI
F.I.S
State Pension (Non-Contributory)
Widowed Parent Grant
Fuel Allowance
After Death Benefits
Carer's Allowance
Free Schemes
Benefits available from the Health Service Executive

3.4 OVERLAPPING PROVISIONS

3.5 CHILD DEPENDENT INCREASE

PART 4 - CLAIMS INVESTIGATIONS AND DECISION PROCEDURE

4.1 CLAIMS
4.2 DOCUMENTATION
4.3 OFFENCES
4.4 TIME LIMIT ON MAKING A CLAIM
4.5 LATE CLAIMS
4.6 DECISIONS
4.7 REVISIED DECISIONS
4.8 OVERPAYMENT IN FRAUD CASES
4.9 APPEALS

PART 5 - INVESTIGATION OF CLAIMS

5.1 INVESTIGATION BY SOCIAL WELFARE INSPECTORS
5.2 ONUS OF PRODUCING EVIDENCE
5.3 FURNISHING OF INFORMATION
5.4 CALCULATION OF MEANS

General
Notification of Increase in Means
Earnings
Earnings New Applicants
Additional Voluntary Contributions (AVC's)
Pension Assessment
Farm Cases
Assessments for Persons in receipt of Non-Cash Benefits (Including Direct Provision Payment)
Interviewing Spouses
Liability to Maintain Family Provisions and the One Parent Family Scheme
How Maintenance Payments will be assessed
Example Assessments

PART 6 - EFFORTS GUIDELINES FOR SEPARATED LONE PARENTS

6.1 REQUIREMENTS
6.2 SPOUSE WORKING
6.3 SPOUSE WHEREABOUTS UNKNOWN
6.4 SPOUSE RESIDENT IN ANOTHER COUNTRY
6.5 EFFORTS CONDITIONS SATISFIED
6.6 EFFORTS CONDITIONS NOT SATISFIED

PART 7 - EFFORTS GUIDELINES FOR UNMARRIED CLAIMANTS

7.1 DESCRIPTION
7.2 NEW CLAIMS
7.3 DETAILS NECESSARY RE: OTHER PAYMENT
7.4 LIABLE RELATIVE
7.5 FOLLOW UP ACTION
7.6 DISQUALIFICATION FOR NON-CO-OPERATION
7.7 CONTACT WITH LIABLE RELATIVE
7.8 AMOUNT OF MAINTENANCE

PART 8 - COHABITATION

(See separate Guideline on COHABITATION)

PART 9 - PROCEDURES FOLLOWING AWARD

9.1 PAYMENT DATE
9.2 PAYMENT METHODS
9.3 ARREARS
9.4 DURATION OF PAYMENT
9.5 CLAIM MAINTENANCE
9.6 PAYMENT TO AN AGENT
9.7 CHANGES OF POST OFFICE, METHOD OF PAYMENT OR CHANGE OF ADDRESS
9.8 ABSENCE FROM STATE
9.9 ILLNESS/HOSPITAL STAYS
9.10 IMPRISONMENT
9.11 CERTIFICATION OF ONGOING ENTITLEMENT
9.12 REVIEW
9.13 SUSPENSION/REVOCATION/REDUCTION
9.14 CREDITED CONTRIBUTIONS

PART 10 - NATURAL JUSTICE

10.1 INTRODUCTION
10.2 RELIABLE LOCAL INFORMATION
10.3 REPORTS
10.4 RELEVANT LEGAL CASES

PART 1 - INTRODUCTION

The 1996 Social Welfare Act introduced a New Means tested payment, which is made to men and women, who are caring for a child or children.

The Scheme was introduced on 2/1/97 and replaced the Lone Parents Payment and Deserted Wife's Benefit.

Please note that Deserted Wife's Benefit or Lone Parents Allowance may be payable in certain circumstances, to clients entitled to and in receipt of these payments prior to 2/1/97.

This document deals exclusively with O.P.F.P applicants and recipients i.e. Claims received and processed after 2/1/97.

R.D.O. Manual dated October 1994, as amended by various R.D.O. Memos deals with Deserted Wife's Benefit/ Allowance and Lone Parents Allowance. There are also updated Internal Guidelines for these Schemes, dated May 2004, produced by Social Welfare Services Office, Sligo.

PART 2 - ENTITLEMENT

2.1 Description of Scheme:

One-Parent Family Payment is a means-tested payment which is made to men or women who are caring for a child or children without the support of a partner.

The scheme was introduced on 2 January 1997, and replaced the following schemes:

Lone Parent's Allowance
Deserted Wife's Benefit

(Deserted Wife's Benefit is still paid to those who had qualified for such payment on 2 January 1997)

2.2 Legislation:

The main provisions relating to One-Parent Family Payment are contained in:

Part 3, Chapter 7, of the Social Welfare (Consolidation) Act 2005, as amended
Chapters 3, Articles 124 to 130 of Part III of the Social Welfare (Consolidation Claims, Payments and Control) Regualations, 2007 ( S.I. No. 142 of 2007) as amended

2.3 Qualifying Conditions: SUMMARY

The person must be either -

widowed (includes a person divorced from spouse prior to spouse's death and not remarried)
separated (or divorced)
unmarried (including one whose marriage has been annulled) or
a prisoner's spouse

The person must also:

have the main care and charge of at least one child who is residing with them
not be cohabiting (that is living with someone as husband and wife - see below re cohabitation)
not have gross earnings from insurable or self-employment exceeding EUR 425 per week.
satisfy a means test.
be habitually resident in the State (see separate guideline HABITUAL RESIDENCE CONDITION)

2.4 Qualifying Conditions- in Detail

(a) Widow/widower

Where a person has been married more than once, the condition of being widowed relates only to the last spouse of the person. However, a person who is divorced from his/her spouse prior to death of spouse, being a divorce that is recognised as valid in the State, and had not remarried, will qualify as a widow/er, provided all other qualifying conditions are satisfied.

(b) Separated/Divorced

For a person to qualify as a separated or divorced person, s/he must:

have been living apart from his/her spouse for at least 3 months
have made and continue to make appropriate efforts to get maintenance from his/her spouse
(See Sect 6 RE. Efforts)
be inadequately maintained by spouse - i.e. being financially maintained at a rate which is less than the maximum rate of One-Parent Family Payment appropriate to his/her family size.

See separate guideline on ' Liability to Maintain Family'

(c) Unmarried

A person who is unmarried will be required

- to make efforts to seek maintenance in respect of the child/ren from the other parent of the child/ren.

These efforts need not be made at initial claim stage but continued entitlement to One-Parent Family Payment is conditional on efforts being made to seek maintenance from the other parent of the child/ren. This requirement is applicable to new claims received in the Department on or after 1 May 1997.

(See Sect 7 Re: Efforts)

(d) Maintenance

A person who claims One-Parent Family Payment is required to seek maintenance from their spouse or the other parent of their child. Maintenance payments are assessed as means. Vouched housing costs of up to 95.23 per week (rent or mortgage) may be offset against maintenance payments with half the balance of maintenance being assessed as means in establishing the rate of One-Parent Family Payment due.

See " Liability to Maintain Family" and " Means Assessments" guidelines for more general information and detail on the assessment of maintenance as means.

(e) Prisoner's spouse

To qualify as a prisoner's spouse, the other spouse must:

have been sentenced for a term of imprisonment/detention of at least 6 months
or
have been in custody for at least 6 months without being sentenced

(f) Main care and charge of a child

A person must have the main care and charge of a child(ren). Generally speaking this means that a person must show that the child spends the greater amount of time (weekly) with the claimant. This aspect may have to be verified by a Social Welfare Inspector of the Department. Under current legislation One-Parent Family Payment is not payable where a couple have joint equal custody of a child/ren

(g) Cohabitation

One-Parent Family Payment is not payable to a person who is living with another person as husband and wife.

See separate guideline on COHABITATION for more detail.

(h) Marriage/Remarriage:

If a person in receipt of One-Parent Family Payment, marries/remarries, entitlement to payment ceases as and from the date of marriage/remarriage.

(i) Earnings

Earnings are assessed in accordance with Part 3 of Schedule 3 of the Social Welfare (Consolidation) Act 2005, as amended.

All earnings are assessed as * gross earnings. Earnings of less that 146.50 a week are excluded from the assessment of means.

Where weekly earnings exceed 146.50 a week but are less than 425.00 per week (increased from 293.00 to 375.00 from 29 May 2006 - SI 206 of 2006 and increase to 400.00 per week from 3 May 2007 - SI 219 of 2007) only half of earnings between 146.50 and 425.00 are assessed as income and a reduced rate of One Parent Family Payment is payable.

A new applicant with earnings of more than 425.00 per week will not qualify for One Parent Family Payment.

A recipient of One Parent Family Payment for 52 consecutive weeks, whose earnings increase above 425.00 per week, will be entitled to half the rate in payment at that time, for 26 weeks only (known as a Transitional Payment) and payment will then cease completely.

* For this purpose in the context of employment "gross" is taken to mean all payments in the form of wages including bonuses, shift allowances, overtime etc. but excluding travel and subsistence allowances that are a reimbursement of expenses incurred.

(j) Means Test

For One-Parent Family Payment purposes, means e.g. income from savings, investments, property etc. are calculated in accordance with Part 3 of the Third Schedule of the Social Welfare (Consolidation) Act 2005, as amended.

Method of assessment, from 2 June 2005, calculates the capital value of property on a weekly basis as follows:

first 20,000 shall be disregarded;
capital between 20,000 and 30,000 shall be assessed at 1 weekly means for each 1,000;
capital between 30,000 and 40,000 shall be assessed at 2 weekly means for each 1,000;
capital above 40,000 shall be assessed at 4 weekly means per each 1,000.

2.5 Special Cases

The introduction of One-Parent Family Payment and an associated new means test does not have the effect of reducing payment to persons who were already entitled to Lone Parent's Allowance on 2 January 1997. Persons in this position continue to have means assessed under the Lone Parent's Allowance means test. However, if assessment of means under the One-Parent Family Payment means test, would be more beneficial, such persons will receive the higher payment.

2.6 Disqualifications

(a) Cohabitation:

A One-Parent Family Payment is not payable while a person is cohabiting with someone as husband and wife.

See Sect 8 on cohabitation

(b) Absence from the State:

One-Parent Family Payment is not payable to anyone residing outside the State. A person may however have reasonable absences up to a maximum of 3 weeks outside the State for the purposes of holidays, attending a funeral etc. and receive payment. The Department must be notified in advance of the intention to leave the State and the reason for the absence.

(c) Imprisonment:

A person is disqualified from receiving the personal rate of payment of One-Parent Family Payment for any period during which undergoing penal servitude, imprisonment or detention in legal custody. Increases for child dependents may be paid to another person in certain circumstances

(d) Habitual Residency Condition:

From 1 May 2004, an Habitual Residence Condition has been introduced for One-Parent Family Payment. Full details are given in the guideline HABITUAL RESIDENCE CONDITION.

(e) Late Claims:

Where a person fails to make a claim within the prescribed time, they will be disqualified from receiving payment in respect of any period prior to the date of claim. This also applies to the making of claim for any increase in payment or allowances e.g. claim for increase in payment in respect of an additional child.

See at Claims in Part 2 below re prescribed time and time limits for making claims.

However, where a person can prove to the satisfaction of a Deciding or Appeals Officer that entitlement existed and that there was good cause for the delay in making a claim to One-Parent Family Payment, payment may be made for a period up to 6 months before the date of claim.

Also, where a claim for payment or an increase in payment is made outside the prescribed time, the period for which payment is made can be extended where the delay in making the claim is due to;

incorrect information being given by the Department;
or
the person being so incapacitated that s/he was unable to pursue the claim
or
a force majeure

2.7 Rates Structure

(a) Basic rate:

One-Parent Family Payment is made up of a personal rate and increases for dependent child/ren. The personal rate depends on a person's means/income i.e. rate of payment reduces as means/income increase. See SW 19 for current rates of payment.

Half the appropriate rate is payable for a further 12 months where a person is in receipt of One-Parent Family payment and his/her earnings exceed 400 per week.

(b) Increase for a qualified child

An increase in payment is made in respect of qualified child/ren up to age 18, or up to end of academic year (June) of the year in which the qualified child reaches age 22, if s/he is in full-time education by day at an institution of education.

The Department must be satisfied that the child/ren are normally residing with the parent in receipt of One-Parent Family payment and that they are financially maintaining the child/ren. Attendance at the school/college must be certified by the institution in question.

PART 3 - ADDITIONAL OPTIONS FOR ONE-PARENT FAMILY PAYMENTS

3.1 Employment Supports

(a) Back to Work Enterprise Allowance

Back to Work Enterprise Allowance is available to persons in receipt of One-Parent Family Payment who become self employed. This allowance which is paid instead of One-Parent Family Payment, is subject to certain conditions, including that they have been in receipt of One-Parent Family Payment for 12 months.

The allowance is payable on a reducing scale over a four year period i.e. 100% of a persons social welfare payment in this case (OPFP) in year one, 75% in year two, 50% in year three and 25% in year four. Income from this type of self-employment is not assessed as means/income. An application for Back to Work Enterprise Allowance must be approved by a Jobs Facilitator in the Department.

A person in receipt of Back to Work Enterprise Allowance can retain secondary benefits in payment with One-Parent Family Payment. Secondary benefits are Fuel Allowance and Christmas Bonus from the Department. Supplementary Welfare allowance payments such as rent allowance, back to school clothing and footwear allowance, medical card may also be payable by a Health Service Executive.

See " Back to Work Enterprise Allowance" guideline for more detail.

(b) Back to Work Allowance

Back to Work Allowance can be paid, subject to certain conditions, instead of One-Parent Family Payment when a lone parent commences work. A person must have been in receipt of One-Parent Family Payment for 12 months. Back to Work allowance may be paid, as follows:

75% of One-Parent Family Payment entitlement for the first year
50% of One-Parent Family Payment entitlement for the second year
25% of One-Parent Family Payment entitlement for the third year

Secondary benefits (as outlined above) may also be retained.

Applications for this allowance should be made to the Department.

Family Income Supplement may also be payable by the Department where a person is employed by an employer. See below re Family Income Supplement.

See " Back to Work Allowance" guideline for more detail.

(c) Community Employment

Community Employment is a training/employment scheme administered by FAS. One-Parent Family Payment recipients are eligible to participate, subject to certain conditions. One condition is that person must have been in receipt of One-Parent Family Payment for 6 months. Weekly income from Community Employment is assessable as means. However, as the first 146.50 a week 7,618.42 a year is disregarded as income, One-Parent Family Payment is generally payable in addition to income from Community Employment. Secondary benefits ( as outlined above) may be retained.

A person should contact their local FAS office to apply for inclusion on a Community Employment scheme.

See separate guideline on Employment Supports for more detail.

3.2 Educational Supports

(a) Back to Education Programmes

Persons in receipt of One-Parent Family Payment are eligible, subject, to certain conditions, to participate in the Back to Education Programme. They must be over the age of 21 and in receipt of One-Parent Family Payment for 6 months (in the case of second level courses) or at least 12 months (in the case of third level courses).

Under the Back to Education Programme, a person in receipt of One-Parent Family Payment may take up approved second and third level education and retain social welfare payment.

If qualified a person would receive

a payment equivalent to the maximum One-Parent Family Payment
a Book Allowance of 400 academic year
retain secondary benefits - see above.

As the allowance is not means tested a person may work to supplement their income.

Application should be made to the Department to participate in this scheme as soon as a place has been secured on an approved second or third level course.

(b) Vocational Training Opportunities Scheme (VTOS)

This scheme is administered by the Department of Education and Science and is operated through VECs. To participate, a person must be in receipt of One-Parent Family Payment for 6 months and be at least 21 years of age. Application should be made to the local VEC for a place on a scheme.

Payment of One-Parent Family Payment will be made in the normal way while attending a VTOS course. Secondary benefits may also be retained (as above). Application should be made to the Department when a place has been secured on a course.

3.3 Extra Allowances/Benefits

Additional allowances and benefits are payable as follows:-

(a) Reduced Rate PRSI:

Recipients of One-Parent Family Payment who are insurably employed or self-employed pay the reduced rate Class 2 PRSI contribution. See " Pay-Related Social Insurance" guideline for more detail.

(b) Family Income Supplement:

Where a person in receipt of One-Parent Family Payment is working for an employer and on low income, they may be entitled to this supplement in addition to One-Parent Family Payment. Certain conditions apply in relation to hours of work, duration of employment. A means test also applies.

(c) State Pension (Non-Contributory)

Since the introduction of the State Pension on 29 September 2006 payment of One Parent Family Payment will no longer be made to persons aged 66 years and over. One Parent Family Payment Customers will instead be entitled to apply for the State Pension (Non-Contributory).

Customers will be advised in advance of reaching 66 years of the fact that their One Parent Family Payment is being stopped and invited to apply for the State Pension (Non-Contributory) as appropriate.

(d) Widowed Parent Grant

A Widowed Parent Grant is a once off payment designed to help with income support needs of a Widow/er immediately following the death of his/he spouse.

The scheme was introduced in April 2000 and applies only to Widow/ers who are widowed on or after 1 December 1999.

In order to qualify a Widow/er must have an entitlement to an increase for a qualified child i.e a child up to the age of 18 or a child between the age of 18 and 22 who is in full time education.

(e) Fuel allowance:

Payable for a 29 week period from September/October to Mid-April if a person is living alone or with dependent children or other categories of exempted persons. Only one Fuel allowance per household is payable. A person must apply for the allowance.

(f) After Death Benefits:

Payment of increase for a deceased child may continue for six weeks after death in certain circumstances. Notification of date of death should be given to the Department as the earliest possible date. See separate guideline on " Payments" for fuller detail. See also separate guideline on "Death Grants". This grant is based on payment of social insurance contributions.

(g) Carer's Allowance:

May be payable to a person who provides full-time care and attention to a One-Parent Family Payment recipient who is aged 66 or over and medically certified as being incapacitated. See separate guideline on " Carer's Allowance" for more detail.

(h) Free Schemes

Free Travel: when a person in receipt of One-Parent Family Payment reaches age 66, a Free Travel Pass is issued automatically by the Department.

In certain circumstances such a person may also qualify for:

Free Electricity/Natural Gas/Bottled Gas Refill Allowance
Free Television Licence
Free Telephone Rental Allowance

(j) Other Benefits available from the relevant Health Service Executive

A person may also qualify for:

Rent or Mortgage Interest Subsidy
Back to School Clothing and Footwear
Exceptional Needs Payments
Medical Card

3.4 Overlapping Provisions

One-Parent Family Payment is not payable in addition to other social welfare payments (other than with Child Benefit) except in the following circumstances:

(i) A person in receipt of the maximum rate of One-Parent Family Payment (who is not also in receipt of Blind Pension) may be paid one of the following payments at half the personal rate provided the conditions for receipt of such payment is satisfied:

Illness Benefit (for up to 15 months)
Health and Safety Benefit
Maternity Benefit
Adoptive Benefit
Jobseeker's Benefit (for up to 15 months)
Injury Benefit
Incapacity Supplement (formerly Unemployability Supplement) (for up to 15 months)

(ii) Where a person is in receipt of reduced rate One-Parent Family Payment, they may also be paid one of the above benefits, provided that the total payment does not exceed the sum of the maximum rate of One-Parent Family Payment combined with half the personal rate of benefit concerned.

Note: Where a person was in receipt of Disability Benefit or Unemployability Supplement in addition to One-Parent Family Payment on 5 April 1990, they continue to be entitled to such benefit or supplement until the end of the period of incapacity for work.

(iii) Family Income Supplement may be payable to employed persons on low income in addition to One-Parent Family Payment. However, One-Parent Family Payment is assessable as means.

(iv) Blind Pension is payable in addition to One-Parent Family Payment to age 66, subject to certain conditions being satisfied. Where a person is in receipt of Blind Pension and One-Parent Family Payment, the following benefits are not payable:

Illness Benefit,
Maternity Benefit,
Health and Safety Benefit,
Adoptive Benefit,
Jobseeker's Benefit,
Injury Benefit
Incapacity Supplement

(v) Disablement Benefit at the personal rate is payable in addition to One-Parent Family Payment. See also separate guideline on Overlapping Payments.

3.5 Increase for a qualified child

is only payable once in respect of a child and is not payable to a person's spouse on another social welfare payment. There are no half rate increase for a qualified child on One-Parent Family Payment.

PART 4 - CLAIMS, INVESTIGATION AND DECISION PROCEDURES:

4.1 Claims

There is an onus on a person, under social welfare legislation, to apply for One-Parent Family Payment if they believe that they have an entitlement.

The One-Parent Family Payment claim form OFP1 should be completed with all relevant questions answered. The form should be signed by the claimant in all cases. Where the claimant is unable to sign the claim form, their mark instead of signature must be witnessed. Any claim received by an Inspector should be stamped with the date of receipt and forwarded to Pension Services Office for registration.

The person should state his/her Personal Public Service ( PPS) Number. However, if s/he has no PPS number, a new PPS number will be allocated by the Department.

The claimant should forward relevant documentation, as indicated below, with signed claim form. However, the documentation may be sent to the Department after the initial claim is made, if not immediately available. This may cause some delay in processing the claim as a Deciding Officer may not be in a position to decide on entitlement until all relevant documentation has been received in the Department.

A person who claims One-Parent Family Payment is required to seek maintenance from their spouse or the other parent of their child. All maintenance payments are assessed as means. If the maintenance in payment is equal to or greater than the rate of One-Parent Family Payment, appropriate to the size of the family in question, there is no entitlement to One-Parent Family Payment. If, however, the maintenance in payment is less than the rate of One-Parent Family Payment, appropriate to family size, the maintenance payments will be taken into account as means. Vouched housing costs of up to 4,951.97 a year (e.g. rent or mortgage) may be offset against maintenance payments with the balance of maintenance being assessed as means in establishing the rate of One-Parent Family Payment due.

See Sections on Means and Maintenance for further details.

An acknowledgement of claim is issued on receipt of the claim. The claim reference is quoted and the claimant is asked to quote same in any future contact with the Department regarding One-Parent Family Payment.

Depending on financial circumstances, a person may claim Supplementary Welfare Allowance while awaiting a decision on entitlement to One-Parent Family Payment.

4.2 Documentation

A claimant to One-Parent Family Payment is required, under social welfare legislation, to produce certain certificates/documents which comprise of:

Children's Birth Certificate (to establish Father's name)
Marriage Certificate (if ever married)
Proof of Income (if employed)
Tenancy agreement or mortgage statement
Bank Statements
Maintenance order, if applicable
Maintenance summons, if applicable
Separation Agreement, if applicable
Confirmation of attendance at school or college where child/children is/are aged between 18 and 22
Completed HRC form if applicable

Original certificates/documents should be copied, date stamped endorsed and returned to customer.

All copies of certificates/documents should be placed on file (dated and signed).

4.3 Offences

It is an offence for a person to knowingly make a false or misleading statement or to provide documents or information which they know to be false in some respect for the purpose of obtaining or establishing entitlement to pension, or pension at a higher rate.

A person found guilty of such an offence could be liable to a fine of 1,500 per offence AND/OR imprisonment. Any overpayment of pension may also be repayable to the Department.

4.4 Time Limits on Making of a claim

A claim to One-Parent Family Payment should be made within three months of the date of entitlement as follows:

Widowed within 3 months of spouse's death
Unmarried within 3 months of the birth of the child
Separated within 6 months of the date of separation from spouse (i.e. within 3 months of the first date of entitlement). However, a claim can be accepted for processing 6 weeks after separation but no entitlement can be established until 3 months of separation have elapsed
Prisoner's spouse date when spouse has been detained in legal custody for 6 months without being sentenced or date when prison sentence of at least 6 months duration starts

4.5 Late Claims

A person is disqualified for payment of One-Parent Family Payment for any period before the date on which the claim is made and entitlement exists. Failure to claim One-Parent Family Payment at the appropriate time may result in loss of payment.

However the payment may be backdated for up to six months where "good cause" is shown for the delay in making the claim, provided the claimant can prove to the satisfaction of a Deciding or Appeals Officer that they satisfied the qualifying conditions for receipt of payment during that period. The same procedure also applies to claims for increases for child dependants and other allowances.

Good cause may be shown to exist where wrong information was received from the Department or ill health prevented a person making a claim to pension at the correct time

Further backdating of payment may also be possible on an extra statutory basis in specific circumstances. See Section 4.2 to 4.5 of the separate guidelines on ' Claims and Late Claims'

See also separate guideline on " Claims and Late Claims" for more information on late claims and other circumstances in which backdated payments or allowances may be made. This guideline also deals with the circumstances in which extra statutory payments may be made and the circumstances in which payment for loss of purchasing power may be made.

4.6 Decisions

Claims are decided by Deciding Officers appointed by the Minister under Section 299 of the Social Welfare (Consolidation) Act 2005, as amended. Deciding Officers are independent in the exercise of their function in deciding on entitlement to One-Parent Family Payment. See separate guideline on " Decision-Making" .

A written notification of the decision of the Deciding Officer is issued to the claimant. When a claim is disallowed or allowed at a rate other than the maximum rate of payment, the claimant is given an explanation of the reason for disallowance or partial award. Details of means/earnings assessed are shown.

Claimants are advised of their right of appeal against a Deciding Officer's decision. The appeal must be lodged within 21 days of the date of notification of the decision on their claim.

Any decision of a Deciding Officer may be subsequently revised by a Deciding Officer in the light of new information or evidence. This could arise where new information is made available as part of an appeal by the claimant. In such circumstances, a Deciding Officer may revise a decision on entitlement, if it is to the advantage of the claimant. There is also a right of appeal against a revised decision. See separate guideline on Decision-Making.

All award notifications advise the claimant of circumstances which could effect their continued entitlement to the payment and ask the claimant to advise the Department of any such changes in circumstances. Certificates (Birth, Marriage etc.) are also returned at this stage.

4.7 Revised Decisions

This section of the 2005 Social Welfare (Consolidation) Act which refers to revised decisions is Section 302.

Section 302 (a) refers to fraud/wilful concealment
302 (b) non-fraud
302 (c) current date

In all cases being considered for prosecution, the claimant must be interviewed under caution using forms IU 3 and IU 4. Guidelines in relation to taking caution interviews are set out in Memo CPS 2/00 in the shared drawer called CONTROL, folder called PROSECUTIONS.

If a claimant fails to attend for interview, this should be noted in the Inspector's report and a copy of the invite letter put on the file as evidence.

4.8 Overpayments in Fraud cases

Where the revised decision is done under Section 302 (a) of the 2005 (Consolidation) Act (fraud) and the overpayment is over 2,000 and less that 5,000, all such cases must be sent to the Area Manager, whether the decision is to prosecute or not. If a decision not to prosecute is agreed between the Area Manager and the Inspector, the reason for not prosecuting must be noted on the file and on ERIN.

Where the overpayment is greater that 5,000, all such cases must be forwarded to Central Prosecutions Service (CPS), whether the decision is to prosecute or not. In cases being submitted with a recommendation not to prosecute, the reason for this recommendation must be given. Based on the submission received, CPS will make the final decision as to whether a prosecution is to proceed. In cases not being prosecuted the reason should be noted on ERIN.

Overpayemnts arising as a result of revised decisions done under Section 302 (b) of the 2005 (Consolidation) Act (non-fraud) are not suitable for criminal prosecutions.

4.9 Appeals

If a Claimant is not satisfied with the decision of a Deciding Officer they can appeal directly to the independent Social Welfare Appeals Office. An Appeals Officer can decide the matter summarily or may deal with the case by way of an oral hearing.

A statement is prepared on the facts relied on by the Deciding Officer in the making of a decision on entitlement to pension and on the extent to which the facts and contentions advanced by the appellant are admitted or disputed. This statement is put before the Chief Appeals Officer.

A person may be interviewed by a Social Welfare Inspector regarding any facts or evidence put forward in support of an appeal where the facts/evidence conflict with previous statements made by the claimant.

See separate guideline on Appeals Submissions also.

PART 5 - INVESTIGATION OF CLAIM

5.1 Investigation by Social Welfare Inspectors

Claims decided by a Deciding Officer without referral to a SWI for review should subsequently be sent for review by a SWI at an early date.

The majority of claims are referred to a Social Welfare Inspector prior to decision by a Deciding Officer, in order to establish if the conditions of entitlement to One-Parent Family Payment are fulfilled. Depending on the circumstances, a Social Welfare Inspector's report may address issues such as means/income, divorce, separation, child dependency, maintenance arrangements, housing costs, household composition, possible cohabitation, and where appropriate inspect relevant certificates.

Social Welfare Inspectors should always obtain appropriate certificate, means documents etc and attach same to report when returning to the Deciding Officer. It is not sufficent to only mark such documents as verified on the SWI report form (OFP3).

The spouse or other parent of the child may also be visited by a Social Welfare Inspector to in order to review child dependency and maintenance arrangements.

When all the relevant information is available the claim is referred to a Deciding Officer for decision.

5.2 Onus of Producing Evidence

The responsibility for the production of certificates, documents, information and evidence rests on the claimant. Some claimants will not, however, be able to cope with this responsibility and where these cases are referred to the Inspector they will be expected to take all reasonable steps to help in obtaining the required information.

If a claimant has difficulty in producing her marriage certificate, an Inspector should obtain the following details from the claimant

Precise Church where (s)he was married
Date of Marriage

This will help when a check is made by the PO with the General Registrar for births, deaths and marriages.

If the claimant finds difficulty in producing his / her own birth cert or that of his / her children the following means of verification can be used.

If the claimant is in receipt of Child Benefit the child(ren)'s date(s) of birth will have been previously verified for this scheme, and would appear on the Child Benefit screen on the Infosys.
If the claimant is young i.e. under 30 years most likely his/ her own date of birth can be verified on his / her own mother's Child benefit screen.

NOTE:- In cases where the birth certificate is on the file or is given to the Inspector by the claimant, the certificate must now be retained and sent to PSO with the claim papers. It should not be returned to the claimant by the Inspector.

5.3 Furnishing of Information

Every beneficiary and every person by whom or on whose behalf an allowance is receivable, shall furnish in such manner and at such times as the Minister may require, such certificates, other documents and such information as the Minister may determine. In particular the beneficiary or person is obliged to notify the Minister of any change which s/he might reasonably be expected to know might affect her right to an allowance as soon as is reasonably practical after the occurrence of the change.

5.4 Calculation of Means

(a) General

The means of a claimant to either O.P.F.P are calculated in accordance with the rules contained in the Third Schedule of the Social Welfare (Consolidation) Act 2005.

(b) Notification of Increase in Means

A recipient of O.P.F.P is obliged to notify the Minister of any change which s/he might reasonably be expected to know might affect her right to an allowance as soon as is reasonably practicable after the occurrence of the change.

In the case of O.P.F.P claims, a claimant is obliged to notify increase in means within seven days of the increase.
As amended.

(c) Earnings

Under One Parent Family Payment, if a lone parent is working his/her income form employment or self employment will assessed as means.

There is single disregard of 146.50 per week, regardless of family size and is intended to cover all work related expenses such as child minding and travel. The remainder of earnings over this amount, up to a ceiling of 425, will be halved to arrive at means derived from earnings.

Example

A lone parent with one child with weekly earnings of 275.00 per week.

Gross Weekly Earnings 275.00

Less Statutory Disregard 146.50

Gross Means 128.50

Divide by 2 = Net weekly means 64.25

Net weekly means from Earnings = 64.25

S.I. 486 of 2006 changed the way earnings were assessed for means purooses. Prior to this, assessment was made on a week by week basis. These Regulations provide for an annual assessment of means from employment and self-employment for the purpose of deciding entitlement to OPFP. In determining entitlement, the gross earnings from the last complete tax year are divided by 52 to arrive at a weekly assessment. Provision is also made to determine entitlment based on an alternative period where deemed appropriate by a DO or Social Welfare Appeals Officer as the case may be.

Note: Income as a Home Help is not assessed as means.

(d) Earnings New Applicants

New applications with earnings in excess of 425 per week will not qualify for the One-Parent Family Payment.

If a lone parent qualifies for the One-Parent Family Payment and his/her earnings subsequently exceed 425 per week, his/her payment will not be stopped immediately. S/he will be paid one half of his/her One Parent Family Payment for one year immediately subsequent to his/her earnings exceeding 425 per week and payment will then cease.

From 6th January, 2005 this transitional half rate payment period was reduced to 6 months for OPFP recipients whose earnings subsequently exceed 425 per week.

(e) Additional Voluntary Contributions (AVC's) on Personal Retirement Savings Accounts (PRSA's)

From 8 May 2006 a disregard applies to PRSA's in all means tested Social Welfare schemes. Section 33 (c) (IV) of the Social Welfare Law Reform and Pensions Act 2006 provided the legislative basis for the introduction of this provision. When a OPFP customer is making AVC's to his/her PRSA, which is deducted by the employer at source, the amount of the AVC is disregarded before establishing the gross earnings of the customer.

EXAMPLE: A One Parent Family customer receives a gross salary of 410 per week. From this amount the customer makes an AVC of 50 per week. For the purpose of Section 173(3) of the Social Welfare (Consolidation) Act 2005, the customer's gross earnings are 360 per week (not 410). From the 360 the customer is entitled to receive the usual income disregard of 146.50.

(f) Pension Assessment

When assessing a pension for means purposes, it is normally assessed on a euro for euro basis (See Means Assessment Guidelines P.44-46). However, there is an exeption in the case of an OPFP customer getting a weekly payment from his/her pension (eg Eircom or any other pension) in the form of a redundancy settlement. It is important to clarify if the pension dies with him/her as pensions usually do nor if it is some other type of payment where the next of kin may drawdown the remainder of the fraud after the customer's death (like a life assurance policy).

If it is the case that on the death of the customer, the remaining balance of the pension would go to the customer's estate, then such income is treated as capital for the purpose of the OPFP means assessment.

If the pension dies with the customer then it is assessed on a euro for euro basis as income (See Means Assessmnet Guidelines, P.8).

Inspectors will need to clarify the exact details of the payment the customer is getting in order to establish the type of means assessment to be applied to the claim.

(g) Farms Cases

There are extensive details of farm assessments in other guidelines and these should be referred to farm cases.

(h) Means Assessments for Persons Receiving Non Cash Benefits (Including Direct Provision Payment)

Means Assessments are necessary for OPFP claimants who have been granted refugee status and who are living in direct provision accommodation provided by the Reception and Integration Agency (RIA) of the Dept. of Justice, Equality and Law Reform.

Asylum Seekers in Direct Provision Accommodation

Asylum Seekers living in direct provision accommodation have their accommodation and meals provided free of charge by the Dept. of Justice, Equality and Law Reform. In addition, each adult receives a weekly allowance from the Health Service Executive of 19.05 and 9.52 for each qualified child. These weekly allowances cease when an asylum seeker is granted refugee status and becomes entitled to payment of OPFP.

Assessment of Direct Provision for OPFP claimants who have been granted Refugee Status in Ireland

In the case of OPFP, the weekly value of direct provision accommodation for means purposes is 105.70 for the claimant, 63.70 for a qualified adult and 7.20 for each qualified child. These amounts will be assessed euro for euro in determining entitlement to OPFP.

Saver Clause

SI 235 of 2003 provides a saver clause so that a customer who was receiving or was entitled to receive any of the relevant payments immediately before the new provision came into effect on 11 June 2003 will not suffer a reduction in payment as a result of the new provision.

Legislation

The legislative change is contained in Section 8 of the Social Welfare (Miscellaneous Provisions) Act, 2003. The effective date of this change is 11 June 2003.

(i) Interviewing Spouses

Because of the Liability to Maintain provisions, it is necessary to have the spouse interviewed prior to the award of O.P.F.P, i.e. where the claim is from a separated spouse. This is to fulfil the requirements of natural justice that s/he should be made aware of the spouse's application for O.P.F.P. and of the implications for him/her of any award - that s/he will be a liable relative and may be required to make contributions to the Department in respect of the SW payment being made to his/her spouse. The case for seeking contributions from the spouse is greatly weakened if s/he has not been made aware of the potential liability prior to the award of the O.P.F.P.

Accordingly, Inspectors are asked to take all reasonable steps to locate and interview the spouse in accordance with form LP 18 in all O.P.F.P. cases .

Where the spouse is not available for interview or where arranging an interview would cause an inordinate delay, the form LR 14 which will be on the file, should be completed. This form should then be posted to the spouse at his/her last known address, enclosing a copy for his/her own information and a further copy should be held on file. It is important at that the copy of form LR 14 that is retained on file is an exact replica of the two posted to the liable relative. Where a spouse does not come forward for interview, a report to this effect should be made noting that the form LR 14 was posted to him/her.

See Guidelines for Area Managers and Inspectors Titled:
" Liable Relatives and Maintenance Recovery for full details of procedures relating to Liability to maintain provisions."

(j) Liability to Maintain Family Provisions and the one Parent Family Payment Scheme

Sections 344 to 359, contained in Part 12 of the Social Welfare (Consolidation) Act, 2005 contains provisions relating to Liable Relatives under which people are required to contribute towards certain social welfare payments made to their families.

Section 345 imposes a legal liability on each of a couple to maintain the other and any dependent children for the purposes of Deserted Wife's Benefit, Deserted Wife's Allowance, Lone Parent's Allowance and Supplementary Welfare Allowance.

Section 346, Sub-section 1 of the Act, states that

"Where an allowance* is paid to any recipient, every person who is liable to maintain that recipient or to maintain any child in respect of whom an increase in such benefit or allowance is granted, shall be liable to contribute to competent authority* such amount as may be determined."

* For the purposes of this memo, "benefit or allowance" means One-Parent Family Payment, Deserted Wife's Benefit, Deserted Wife's Allowance or Lone Parent Allowance, the "competent authority" refers to the Department of Social Protection.

Up until now, those provisions were used only in relation to the liable relatives of separated or deserted claimants.

Social Welfare Inspectors

Under Section 250 (2) of the Social Welfare (Consolidation) Act, 2005, Social Welfare Inspectors may investigate into matters relating to the liability of a person to contribute towards the cost of DWB, DWA, One Parent Family Payment or SWA paid to his or her family.

When carrying out investigations, an Inspector may require a liable relative to provide such information and documents as the Inspector may reasonably require.

Section 250 (3) empowers an Inspector to enter, at reasonable times and without prior notice, an premises where people are employed or self-employed or where employment or self-employment records are kept. Inspectors can question and take statements from anyone found on the premises and can examine employment records.

Section 250 (6) provides that any person who wilfully delays or obstructs an Inspector or who refuses to provide information of documents sought will be guilty of an offence.

Inspectors are required to exercise the above powers with reasonableness, courtesy and discretion at all times.

(k) How maintenance payments will be assessed:

Both personal and child maintenance are now taken into account in the means test. However, housing costs incurred i.e. Rent or Mortgage repayments as verified by landlord/lending agency, will be disregarded up to a ceiling of 95.23 per week, in assessing maintenance payments.

Evidence of housing costs must be provided such as a rent receipts/book or a statement of mortgage repayments.

In view of the above, Social Welfare Inspectors will now be required to ask unmarried lone parent details of the other parent. Accordingly, questions 27 - 40 on Form OFP3 should be completed in all OPFP cases.

Social Welfare Inspectors are required to inform to OPFP claimant of the following:

s/he will be required to make efforts to obtain maintenance from the other parent of the child, in respect of the child, if/when OPFP is awarded
Maintenance contributions will be assessable as means for OPFP purposes (as outlines in RDO memo 3/97)
the implications of naming the other parent i.e. that if claim is awarded then other parent will be deemed to be the liable relative
the liable relative may be required to contribute to the Department towards the OPFP in payment in accordance with the " Liability to Maintain Family" provisions of the Social Welfare Acts (See Appendix I, for assessment method used by D.O.s)
that where the claimant knows - but does not name - the other parent of the child, failure to disclose details may result in disqualification from receiving payment of OPFP.

Note: under the OPFP there is an obligation for all OPFP recipients to seek maintenance.

However it is not necessary for an unmarried person to instigate such proceedings prior to having her OPFP awarded. She is however, obliged to seek such maintenance once the claim is in payment.

Forms LR2 and LR4 will be on file. These forms should be completed by interviewing the liable relative in all One-Parent Family Payment claims, where such interview would not cause undue delay in processing the claim. ( RDO Memo 40/96 refers).

However, where the liable relative is not readily available for interview, the file should be returned for decision. Form LR14 should issue to the liable relative and the copy retained on the file as heretofore.

Social Welfare Services Office, Sligo may request that the liable relative be interviewed at a later stage.

(1) Example 1

A lone Parent receives 100 per week in maintenance. customer's ex-husband/wife also pays the mortgage which is 90.00 per week

Total Weekly Maintenance 190.00

Less Housing Costs 90.00

Gross Means 100.00

Divided by 2 = Net Means 50.00

* HOW CAPITAL WILL BE ASSESSED

Method of assessment, from 2 June 2005, calculates the capital value of property on a weekly basis as follows:

first 20,000 shall be disregarded;
capital between 20,000 and 30,000 shall be assessed at 1 weekly means for each 1,000;
capital between 30,000 and 40,000 shall be assessed at 2 weekly means for each 1,000;
capital above 40,000 shall be assessed at 4 weekly means per each 1,000.

PART 6 - EFFORTS GUIDELINE FOR SEPARATED LONE PARENTS

6.1 Requirement to make appropriate efforts to obtain maintenance

One of the qualifying conditions for entitlement to One-Parent Family Payment (OPFP) for separated claimants is that they make appropriate efforts in the particular circumstances to obtain maintenance from their spouse. Even after award of OPFP to a separated (or unmarried) person they may be required to make continued efforts to seek maintenance.

[NOTE: Notwithstanding these efforts obligations on individual OPFP claimants, the Department may pursue the liable relatives involved directly, under the "Liability to Maintain Family" provisions of the Social Welfare Acts, for a maintenance contribution towards the OPFP in payment to their spouses and/or child(ren).]

The efforts obligation on OPFP claimants applies as follows:

6.2 Spouse working and current address known

If the spouse is working and the claimant has not succeeded in obtaining maintenance from him/her the claimant should:

approach the Local District Court Clerk with a view to taking out a maintenance summons
attach a copy of the maintenance summons to the claim form or give a copy to the Social Welfare Inspector when s/he calls to interview him/her
OR
provide proof that claimant and spouse are involved in structured mediation which includes negotiations about the financial support of the claimant and dependant children

6.3 Whereabouts of spouse unknown

If claimant does not know whereabouts of spouse, s/he may be required to provide evidence that s/he has tried to trace their spouse e.g. proof that s/he had reported him/her missing to the Gardai

6.4 Spouse possibly resident in another country

Claimant may be requested to ask the DSS (in the case of the UK) to help trace their spouse with a view to serving a maintenance summons, or to initiate proceedings through the Central Authority (the Department of Justice, Equality and Law Reform) designated in the Maintenance Act 1994, which covers reciprocal maintenance action in EU and a number of other countries.

6.5 Efforts condition is regarded as being satisfied:

if the separated couple is involved in a structured mediation process which addresses the spouse's liability to maintain the claimant and dependant children
if spouse is working in this country or abroad and the claimant approaches the District Court Clerk and requests that a maintenance summons be served on him or her;
if the claimant takes the spouse to court for maintenance but the amount awarded is less than the OPFP rate appropriate to the family size, or the spouse refuses to pay any maintenance or pays at a rate less than the appropriate OPFP rate;
if the claimant can't trace the spouse and has made an effort to do so, for example by reporting them as missing to the Gardai etc.
if the spouse is in receipt of SW payment only, the claimant is not required to take any action.
if current income of the spouse is too low to reasonably expect that any maintenance payment can be made
if evidence is available to prove allegations that spouse is violent and that there is a consequent risk to the claimant in the event of further contact.

6.6 The Efforts is regarded as not being satisfied:

if the claimant refuses to involve themselves in mediation which could address, among other things, financial support from their spouse
if the claimant refuses or fails to make any efforts to trace their spouse;
if they refuse or fail to take the spouse to court for maintenance, or varying order, where spouse has an adequate source of income and their address is known;
where inadequate or unreasonable maintenance is in payment, given the circumstances of the other spouse.

PART 7- EFFORTS CONDITION FOR UNMARRIED CLAIMANTS

Note: All references to he and she in these guidelines are inter-changeable where appropriate.

7.1 Description

Article 10 of the One-Parent Family Payment (OPFP) Regulations (SI 426/96) states that an unmarried person shall make "such reasonable efforts, as may be required from time to time by an officer of the Minister, to obtain maintenance from a liable relative".

7.2 New Claims

The efforts condition is not a qualifying condition for new applicants. Unmarried claimants are not required to make efforts in order to qualify for OPFP. The condition applies to new claims received after 1 May 1997, and will be applied after the payment is awarded.

7.3 Details Necessary Re Other Payments

Unmarried claimants are already asked on the claim form to state the name of the other parent of their child. Where the name of the other parent appears on a birth certificate for the child, this will be noted by the Department.

If the name of the other parent is not supplied in this way, the Social Welfare Inspector, at investigation stage, will ask the OPFP applicant to name the other parent of the child. The Social Welfare Inspector will outline to the claimant the reason for asking the name of the other parent- i.e. that the other parent will become a liable relative when the OPFP is in payment, and will then be required to contribute, if in a financial position to do so, towards the maintenance of the child- either directly to the claimant or to the Department.

The Social Welfare Inspector will inform the OPFP claimant that she will be required to make efforts to obtain maintenance from the other parent of the child, in respect of the child, when the OPFP is awarded.

The Social Welfare Inspector will also ask the OPFP claimant to supply any other available relevant details about the other parent which would be necessary for subsequent follow-up action- such as his address, date of birth, PPS no., occupation, place of employment, earnings, whether he is already paying maintenance or whether he has agreed to do so.

7.4 Liable Relative

When an applicant's OPFP claim is awarded, the other parent of the child becomes a liable relative under Social Welfare law and may be required - depending on his/her financial circumstances - to contribute to the Department towards the cost of the OPFP payable to the first parent and the child.

In situations where the liable relative pays maintenance directly to the applicant, the Department will assess that maintenance as means (subject to housing cost disregards) in deciding the rate of OPFP payable.

The liable relative's liability to contribute to the Department may be offset, in whole or in part, by any maintenance he is paying directly to the other parent of the child and which is being assessed as means for the purposes of an OPFP claim.

7.5 Follow Up Action

When payment of OPFP is awarded, the claimant will be notified that she is required to make efforts to seek maintenance from the other parent of their child and to inform the Department of the outcome of these efforts.

If the claimant has not already succeeded in obtaining maintenance from the other parent, following the award of the payment of the OPFP, the claimant will be asked by the Department to:-

Name the other parent of the child (if he is not already named), and state his date of birth, address and current employment if known,
Contact the liable relative and ask him to pay maintenance in respect of the child,
Forward a copy of the maintenance summons to the Department, (where claimant has already obtained a maintenance summons), or
provide proof that claimant and liable relative are involved in structured mediation which includes negotiations about the financial support of the dependant child/children.

Progress on these efforts will be monitored by the Department.

If such maintenance efforts are not successful, and if she has not already obtained or sought a maintenance summons, the Department may require the claimant to approach the Local District Court Clerk with a view to taking out a maintenance summons.

If the OPFP recipient does not make such efforts as are reasonably required by the Department to seek maintenance, she must explain to the Department why she is not doing so.

7.6 Disqualification for non Co-operation

The question of requiring unmarried OPFP recipients to make efforts to get maintenance from the liable relative will be decided by the Department on the individual circumstances of the case, taking due account of any sensitive issues involved, such as a risk of violence towards the one-parent family involved.

However, where an OPFP recipient does not co-operate in making efforts to seek maintenance when it would be feasible and reasonable to do so, she may be disqualified from receiving One-Parent Family Payment.

7.7 Contact with Liable Relative

In certain cases, for example where the liable relative does not co-operate with the maintenance efforts of the OPFP claimant, the Department may contact the liable relative directly concerning maintenance contributions. This may also occur if it appears that the liable relative is not contributing sufficiently in accordance with his/her current financial situation.

7.8 Amount of Maintenance

Whether by the efforts of the OPFP claimant, or by direct action by the Department with the liable relative concerned, the amount of maintenance sought from the other parent will be in line with District Court maintenance norms in respect of children. The assessment of the ability of the liable relative to make such contributions will be carried out by the Department in accordance with the " Liability to Maintain Family" provisions of the Social Welfare Acts.

PART 8 - COHABITATION

See separate guideline on Cohabitation.

PART 9: PROCEDURES FOLLOWING AWARD

9.1 Payment Date

One-Parent Family Payment is payable weekly in advance on a Thursday (or Friday in the case of widow/ers) except when paid by EFT, payment is made weekly in arrears. Where the day from which payment takes effect is a day in the week other than Thursday/Friday, the payment takes effect as from the next following Thursday/Friday. The same procedure applies where there is a change in the rate of payment.

9.2 Payment Methods

There are two methods of payment:

Electronic Information Transfer (EIT): Payment may be made by way of a Social Welfare Services Card (swipe card) which can be used at a Post Office nominated by the claimant.

Electronic Fund Transfer (EFT): Payment made by way of EFT, paid weekly in arrears directly into a chosen Bank or Building Society account.

9.3 Arrears

Any arrears of payment due may be included in the normal method of payment ( EIT/ EFT) or paid by cheque.

9.4 Duration of Payment:

One-Parent Family Payment is payable for as long as a person continues to satisfy the qualifying conditions and is not disqualified for any reason. Once the last qualified child reaches 18 (or up to 22 if in full-time education) both personal payment and increase for a qualified child cease simultaneously. The claimant is advised in advance that the payment will cease and advised of other payments for which he/she may qualify.

In the case of prisoner's spouse payment continues for 4 weeks following release of prisoner from imprisonment.

Where a qualified child dies, payment of an increase for that child continues for a period of six weeks after death. A Death Grant may also be payable.

See " Bereavement Grant" guideline for more general information.

9.5 Claim Maintenance

Stop dates are inserted on the Department's computer system as appropriate e.g. to stop the payment of an increase for a child when they reach 18 and are not continuing in full-time education or stop payment altogether once the last child in a family reaches 18 and not continuing in full-time education or reach 22.

9.6 Payment to an Agent.

A person who is unable to cash their payable order book or use their Social Welfare Services card, may have another person nominated to collect payment on their behalf in certain circumstances.

See " Payment Methods" guideline for fuller detail in relation to appointment of agent.

9.7 Change of Post Office, Method of Payment or change of Address

The Department should be notified as soon as possible by phone or in writing.

9.8 Absence from the State

One-Parent Family Payment is not payable outside of the State. A person should notify the Department if leaving the State and payment will be suspended for the period of the absence abroad.

Payment may be made in certain circumstances for a short period (up to 3 weeks) during which a person is temporarily outside the State e.g. on holidays etc.

9.9 Illness/Hospital Stays

Arrangements may be made for payment where a person is too ill to attend Post Office to cash payment.

See " Payment Methods" guideline for more detail.

9.10 Imprisonment

A person is disqualified from receiving One-Parent Family Payment including any increases, for any period during which they are undergoing penal servitude, imprisonment or detention in legal custody.

There are some exceptions to this disqualification i.e. increase for qualified child may be paid to another person. See " Payment Methods" guideline for more detail.

9.11 Certification of ongoing entitlement

Social Welfare legislation puts an onus on a person to notify the Department of any changes in circumstances which may affect entitlement to One-Parent Family Payment. Any increase in means/income must be notified to the Department in writing within 7 days of the increase.

On being notified of an award of One-Parent Family Payment, a person is issued with a list of circumstances which could effect their continued entitlement to the payment. The person is requested to advise the Department of any such changes in circumstances.

Customers paid by Electronic Information Transfer are advised once a year, by post, of the conditions of continued payment and of the circumstances and events which must be reported to the Department.

The following are some circumstances and events which may affect a person's entitlement to pension:-

Change in claimant means/income.
Change of address.
Change of Post Office.
Death of claimant or qualified child
A qualified child no longer living or being maintained by claimant.
A qualified child who reaches 18 years (or between 18 and 22) and not in continuing in full-time education.
Imprisonment or detention of claimant or qualified child.
Claimant or qualified child leaves the State.
Change in household composition including the birth of an additional child
Cohabitation with another person
Marriage or re-marriage
If spouse/other parent of child begins/resumes maintenance payments or if a Court Maintenance Order is enforced
If spouse returns to live with claimant
If spouse is released from prison (in the case of prisoner's spouse payment)

Failure to notify the Department of any of the above events may result in overpayment of One-Parent Family Payment which may be recoverable from the recipient by way of lump sum repayment or deductions from weekly payment It may equally result in an underpayment of One-Parent Family Payment e.g. where means have reduced.

See " Overpayment Recoveries" and " Claims & Late Claims" guidelines for more detail.

9.12 Review

A review is initiated when the Department is notified of any change in circumstances that may affect entitlement. This review may be carried out by way of a visit from a Social Welfare Inspector or by direct correspondence or phone contact.

Periodic reviews are also initiated by the Department to confirm that the correct payment is being made to the correct person and that the qualifying conditions for receipt of One-Parent Family Payment continue to be fulfilled.

RDO Circular 66/07 refers.

9.13 Suspension/Revocation/Reduction of Payment

Where initial enquiries with a person, including written communication, fail to establish the facts as required e.g. current or past means, current address etc. payment of One-Parent Family Payment may be suspended in whole/part until the relevant information has been provided by the claimant.

Where the facts have been established, following a review of the qualifying conditions for payment of One-Parent Family Payment, and where a Deciding Officer deems that the qualifying conditions are no longer fulfilled, the claimant will be so advised in writing. There will be a right of appeal against this decision, as referred to already in this guideline.

If an overpayment of One-Parent Family Payment has occurred it may be recoverable by the Department. See separate guideline on " Overpayment Recovery" for more detail.

9.14 Credited Contributions

Credited contributions are awarded to a Lone Parent who qualified for Lone Parents Allowance or One-Parent Family Payment for the first time since October 1990 and who, immediately prior to qualifying for the receipt of these payments was in receipt of a another social welfare payment which attracted credits i.e. Jobseeker's Benefit/Allowance, Maternity Benefit, Illness Benefit, Health and Safety Benefit, Adoptive Benefit, Invalidity Benefit or Pre Retirement Allowance.

Credited contributions are not awarded for periods prior to the introduction of the Lone Parent Allowance scheme in October 1990.

See " Credits Award" guidelines for more general information.

PART 10 - NATURAL JUSTICE

10.1 Introduction

There are main areas in relation to LPA and DW where Natural Justice plays an important part and these are

Cohabitation
Advising a claimant of the reason for an overpayment

In all cases the claimant must be given an opportunity to state his/her case. This rule is known as the audi alteram parte (the other side must be heard) rule.

10.2 Reliable Local Information

Decisions unfavourable to a claimant are unlikely to be decided solely on the basis of information obtained from a reliable source who is not prepared to give oral evidence in support.

An Inspector will sometimes have recourse to local sources of information. (S)he also needs to respect the confidence of informants.

Information from local sources should be used ideally as pointers for the Inspector to pursue his/her own enquiries.

Another rule of Natural Justice is the nemo judex in sua causa (no one shall be judge in his own case) rule. This allows for the independent status of Deciding Officers and the Appeals Officers. A Deciding Officer is required to make an independent judgement on the application of the law and is not subject to directions when making decisions.

It is for Deciding Officers, Appeals Officers and ultimately the courts to decided title to Social Welfare benefit or assistance. Any summation of a report by an Inspector should be on the basis of an Inspector's own knowledge, the responses and reactions of the client and any solid verifiable information. Phrases such as "from local enquiries " or "on the basis of reliable local information" should not be used.

10.3 Reports

A claimant is legally entitled to a copy of any document held on his/her file. For this reason reports should be clear, factual and objective. Care should be given that comments of an indiscreet or embarrassing nature should not be included.

If reference is made to "reliable local information" in the report, care must be taken that the allegations are put to the claimant and his/her comments or reactions are noted in the report.

If the informant has no objection to being quoted or to attending an Appeals hearing, if summoned, the information given and the source should be given in the report. The converse also applies.

10.4 Relevant Legal Cases

Two legal cases in particular refer.

- Leech V Minister for Social Welfare

In this case it was decided by the Justice that both Appeals Officers and Deciding Officers perform a quasi judicial function. It was also stated that a statement alleging cohabitation by a client, made by a third party, who was not prepared to give evidence in court to this effect , could only be considered as hearsay evidence. This evidence would not therefore be acceptable.

- Houlihan V Minister for Social Welfare

In this case it was decided that, before a payment of Deserted Wife's Benefit is terminated, the client must be given full opportunity to answer the charges against her.

It was stated that any other action would not comply with the rules of natural justice.