Maintenance FAQ

1. My ex-partner/husband is extremely violent and abusive – will I still be required by the Social Welfare Department to seek a maintenance order?

There is a legal responsibility to maintain dependents. Dependents can include a partner/spouse and/or children. The Department of Social Welfare may request that you seek a maintenance order, but if you have significant health and safety concerns, these concerns should be communicated to the Department of Social Welfare. Each case will be assessed individually, and accommodations can be agreed. It is important that this information is communicated to the Department of Social Welfare. For more information, see our Domestic Violence page

2. How does maintenance affect social welfare payments?

If applying for a social assistance payment (for example, One-Parent Family Payment (OFP); Jobseeker’s Allowance (JA)), you must satisfy a means test (assesses your financial resources to identify whether you qualify for any social assistance payment).

Maintenance is assessed in the means test. This includes maintenance received (for yourself or any dependent children) or maintenance paid.

The Citizens Information website provides comprehensive information on maintenance and social welfare payments.

 

 

Family Law Information Research Group

School of Law, Áras na Laoi, University College Cork,

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