{"id":19893,"date":"2022-11-01T21:14:02","date_gmt":"2022-11-01T21:14:02","guid":{"rendered":"https:\/\/legalblog.ie\/?p=19893"},"modified":"2024-04-08T21:45:48","modified_gmt":"2024-04-08T21:45:48","slug":"liability-to-maintain","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/liability-to-maintain\/","title":{"rendered":"Liability to Maintain"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/liability-to-maintain\/#Whom_Liable_For\" title=\"Whom Liable For\">Whom Liable For<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/liability-to-maintain\/#Department_Requirement\" title=\"Department Requirement\">Department Requirement<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/liability-to-maintain\/#Contribution\" title=\"Contribution\">Contribution<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/liability-to-maintain\/#Court_Action\" title=\"Court Action\">Court Action<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/liability-to-maintain\/#Assessment\" title=\"Assessment\">Assessment<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/liability-to-maintain\/#Enforcement\" title=\"Enforcement\">Enforcement<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/liability-to-maintain\/2\/#SWCA_2005\" title=\"SWCA 2005\">SWCA 2005<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/liability-to-maintain\/2\/#Liability_to_Maintain_Family_ss_344-359\" title=\"Liability to Maintain Family (ss. 344-359)\">Liability to Maintain Family (ss. 344-359)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/liability-to-maintain\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/liability-to-maintain\/2\/#Liability_to_maintain_family\" title=\"Liability to maintain family.\">Liability to maintain family.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/liability-to-maintain\/2\/#Contribution_towards_benefit_or_allowance\" title=\"Contribution towards benefit or allowance.\">Contribution towards benefit or allowance.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/liability-to-maintain\/2\/#Attachment_of_earnings_order\" title=\"Attachment of earnings order.\">Attachment of earnings order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/liability-to-maintain\/2\/#Employers_obligations_in_relation_to_attachment_of_earnings_order\" title=\"Employer&#8217;s obligations in relation to attachment of earnings order.\">Employer&#8217;s obligations in relation to attachment of earnings order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/liability-to-maintain\/2\/#Payments_under_attachment_of_earnings_order\" title=\"Payments under attachment of earnings order.\">Payments under attachment of earnings order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/liability-to-maintain\/2\/#Powers_of_District_Court\" title=\"Powers of District Court.\">Powers of District Court.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/liability-to-maintain\/2\/#Changes_in_employment\" title=\"Changes in employment.\">Changes in employment.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/liability-to-maintain\/2\/#Determinations_by_District_Court\" title=\"Determinations by District Court.\">Determinations by District Court.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/liability-to-maintain\/2\/#Liable_relative_in_service_of_State\" title=\"Liable relative in service of State.\">Liable relative in service of State.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/liability-to-maintain\/2\/#Discharge_variation_or_lapse_of_attachment_of_earnings_order\" title=\"Discharge, variation or lapse of attachment of earnings order.\">Discharge, variation or lapse of attachment of earnings order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/liability-to-maintain\/2\/#Cesser\" title=\"Cesser.\">Cesser.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/liability-to-maintain\/2\/#Offences\" title=\"Offences.\">Offences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/liability-to-maintain\/2\/#Payments_under_order_of_court_to_offset_contributions\" title=\"Payments under order of court to offset contributions.\">Payments under order of court to offset contributions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/liability-to-maintain\/2\/#Recipient_of_benefit_or_allowance_to_transfer_to_competent_authority_payments_under_order_of_court\" title=\"Recipient of benefit or allowance to transfer to competent authority payments under order of court.\">Recipient of benefit or allowance to transfer to competent authority payments under order of court.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Whom_Liable_For\"><\/span>Whom Liable For<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The social welfare legislation defines parties who are liable relatives for the purpose of maintenance in the above contexts. A man is liable to maintain the following:<\/p>\n<ul>\n<li>wife,<\/li>\n<li>former wife after the dissolution of marriage,<\/li>\n<li>civil partner,<\/li>\n<li>former civil partner after dissolution;<\/li>\n<\/ul>\n<p>A woman is liable to maintain<\/p>\n<ul>\n<li>\u00a0husband,<\/li>\n<li>former husband after dissolution,<\/li>\n<li>civil partner,<\/li>\n<li>former civil partner.<\/li>\n<\/ul>\n<p>A person is liable to maintain his or her child under 18 or over 18 years and under 22 years , in full-time education or instruction by day in an university, college or other educational establishment.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Department_Requirement\"><\/span>Department Requirement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Department may require a liable relative to make payments to the claimant. Sums can be deducted from social welfare payments made to the claimant. There is a standalone procedure whereby the Department may apply to the District Court directing the person to make the payments or repayments.<\/p>\n<p>A liable relative and his employer, may be contacted by the Department on the basis of information provided by the beneficiary. Information may be required from the person concerned and their employer. They may be interviewed.<\/p>\n<p>There are obligations to provide information. Failure to supply the relevant information is an offence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Contribution\"><\/span>Contribution<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The amount required to be contributed may be based on<\/p>\n<ul>\n<li>income after deduction of tax and social welfare contributions and maintenance payments for which the person is liable in respect of spouse and children,<\/li>\n<li>the deemed value of capital assets relative to a deemed return where they do not generate returns, similar to those set out in other contexts,<\/li>\n<li>gross income other than income from property which is deemed to yield return (at \u20ac4 per week per \u20ac1000) to the extent it exceeds \u20ac40,000 with lower rates applicable before that.<\/li>\n<\/ul>\n<p>An amount up to \u20ac4,952 per annum of any rent or repayment of a loan entered for the purpose of defraying money employed in the purchase of a property in which the liable person is residing or if he has a remarried, may be disregarded. It he \u00a0is cohabiting with another; the rent is reduced to half that figure.<\/p>\n<p>The amounts above are reduced by IQC payable with one-family parent (\u20ac26 for each qualifying child the person is liable to maintain).<\/p>\n<p>The amount to be paid by the liable relative, is calculated as above. The amount of weekly allowance is payable to the person or parent of the person whom he is liable to maintain or in the case of a qualified child of an unmarried person, the maximum amount that may be set under Maintenance of Spouse and Children legislation with respect of each qualified child.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Court_Action\"><\/span>Court Action<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Minister is required to take action in the District Court to recover contributions by way of installment order or attachment of earnings order. The attachment of earnings order may be sent to an employer and deducted accordingly.<\/p>\n<p>A determination is first issued in relation to the amount of contribution due. An order for arrest and imprisonment may be sought for noncompliance.<\/p>\n<p>It may be a Constitutional requirements require that the matter of liability can be opened and readdressed by the court, rather than by reference to the rigid statutory requirements.<\/p>\n<p>The matter may also be affected by transfers made in the context of family law proceedings in partial satisfaction of maintenance obligations.<\/p>\n<p>In legal terms, the entitlement to lone parent payments and one-parent family payments are not to be taken into account in determining maintenance obligations in family law proceedings. However, the courts may, in practice, in implicitly \u00a0take account of the same.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Assessment\"><\/span>Assessment<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The financial and new dependency situation of each liable relative is first assessed in detail. (This is usually done at the same time as the One-Parent Family Payment or Deserted Wife&#8217;s Benefit \/ Allowance claim is being investigated.)<\/p>\n<p>The assessment is based on the net income of the liable relative.<\/p>\n<ul>\n<li>Allowances are made for any child dependants s\/he has, and credit is given for any regular outgoings such as mortgage or house rent.<\/li>\n<li>The section determines (by way of &#8216;Determination Order&#8217;) the ability of the person concerned to contribute towards the benefit \/ allowance, and the amount of weekly contribution due.<\/li>\n<li>Determinations can be reviewed where there is new information about, or changes in, the financial or household circumstances of a liable relative.<\/li>\n<\/ul>\n<p>Any person who is getting Deserted Wife&#8217;s Benefit \/ Allowance or One-Parent Family Payment is liable to transfer to the Minister for Social, Community and Family Affairs, payments received in compliance with a Court Order, including maintenance paid to children.<\/p>\n<p>Under the One-Parent Family Payment both personal and child maintenance payments are assessed as means; rent or mortgage repayments may be disregarded in assessing maintenance payments, up to a ceiling of \u20ac95.23 per week. However, if the maintenance is not assessed as means, a transfer of the maintenance order to the Department may be requested.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Enforcement\"><\/span>Enforcement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Department rather than the lone parent carries the risk of maintenance default by the liable relative. In the case of One-Parent Family Payment and Deserted Wife&#8217;s Allowance, the means may be re-assessed on transfer of the Maintenance Order to the Department. There is no means adjustment possible in the case of Deserted Wife&#8217;s Benefit claims.<\/p>\n<p>A person&#8217;s One-Parent Family Payment or Deserted Wife&#8217;s Benefit \/ Allowance may be reduced or stopped if they do not comply with a request to transfer their maintenance to the Department.<\/p>\n<p><!--nextpage--><\/p>\n<h2>SWCA 2005<\/h2>\n<p>Part 12<\/p>\n<h4>Liability to Maintain Family (ss. 344-359)<\/h4>\n<p>344.<\/p>\n<h4>Interpretation.<\/h4>\n<p>(1)In this Part &#8211;<\/p>\n<p>&#8220;allowance&#8221; means one-parent family payment, supplementary welfare allowance or a relevant payment by virtue of section 178(1)(a) or (b);<\/p>\n<p>&#8220;antecedent order&#8221; means &#8211;<br \/>\n(a)an order under section 346(5),<br \/>\n(b)an order under section 346(6) (insofar as it is deemed to be an order under section 17 of the Enforcement of Court Orders Act 1926), or<br \/>\n(c)an order under section 346(6) (insofar as it is deemed to be an order under section 5 of the Enforcement of Court Orders Act 1940);<\/p>\n<p>&#8220;attachment of earnings order&#8221; means an order under section 347;<\/p>\n<p>&#8220;civil partner&#8221; in relation to a civil partner who has entered into a civil partnership more than once, refers only to his or her last civil partner and for this purpose that last civil partner shall be read as including the civil partner with whom, but for the fact the civil partnership has been dissolved, being a dissolution recognised as valid in the State, he or she entered into that civil partnership;<\/p>\n<p>&#8220;competent authority&#8221;, in relation to one-parent family payment and supplementary welfare allowance, means the Minister;<\/p>\n<p>&#8220;earnings&#8221; means any sums payable to a person &#8211;<br \/>\n(a)by way of wages or salary (including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary or payable under a contract of service),<br \/>\n(b)by way of pension or other like benefit in respect of employment (including an annuity in respect of past services, whether or not rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss, abolition or relinquishment, or diminution in the emoluments, of any office or employment);<\/p>\n<p>&#8220;order of the Court&#8221; means a maintenance order (including maintenance specified in the order to be in respect of a child), including a lump sum order, a variation order or an interim order, made by a court under the Guardianship of Infants Act 1964, the Family Law (Maintenance of Spouses and Children) Act 1976, the Status of Children Act 1987, the Judicial Separation and Family Law Reform Act 1989, the Family Law Act 1995 or under any other enactment relating to maintenance, as the case may be, or an order of the court made on foot of a separation agreement;<\/p>\n<p>&#8220;spouse&#8221; in relation to a person who has been married more than once, refers only to the last spouse of that person and for this purpose that last spouse shall be read as including the person to whom, but for the fact that the marriage has been dissolved, being a dissolution recognised as valid in the State, that person would be married.<\/p>\n<p>(2)Every reference in this Part to a person who is liable to maintain another person shall be read as meaning a person who by virtue of section 345 is liable to maintain that other person.<\/p>\n<p>345.<\/p>\n<h4>Liability to maintain family.<\/h4>\n<p>For the purposes of sections 173 and 189 and without prejudice to any obligations imposed by law or otherwise, the following provisions apply &#8211;<\/p>\n<p>(a)a man shall be liable to maintain &#8211;<\/p>\n<p>(i)his spouse or civil partner, and<\/p>\n<p>(ii)any child of his, being a child who is under the age of 18 years or (save for the purposes of section 189) who is of or over that age and under the age of 22 years, and is receiving full-time education or instruction by day at any university, college, school or other educational establishment,<\/p>\n<p>and<\/p>\n<p>(b)a woman shall be liable to maintain &#8211;<\/p>\n<p>(i)her spouse or civil partner, and<\/p>\n<p>(ii)any child of hers, being a child who is under the age of 18 years or (save for the purposes of section 189) who is of or over that age and under the age of 22 years, and is receiving full-time education or instruction by day at any university, college, school or other educational establishment.<\/p>\n<p>346.<\/p>\n<h4>Contribution towards benefit or allowance.<\/h4>\n<p>(1)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 that allowance is granted, shall be liable to contribute to the competent authority the amount that may be determined to be appropriate towards that allowance.<\/p>\n<p>(2)Subject to subsection (1), the Minister may make regulations, in particular and without prejudice to the generality of this Part to provide for the basis on which the amount which a liable relative, within the meaning of subsection (3), is liable to contribute by virtue of subsection (1) is determined, and for this purpose the regulations may &#8211;<\/p>\n<p>(a)disregard in whole or in part any amount of the income of a liable relative from any source specified in the regulations, and<\/p>\n<p>(b)require an employer or any other person to give the information that may be required for the purposes of determining the amount which a liable relative is required to contribute.<\/p>\n<p>(3)Where a person who is liable to contribute under subsection (1) (subsequently referred to in this Part as &#8220;the liable relative&#8221;) fails or neglects to contribute, the competent authority may apply to the District Court for an order directing the liable relative to make that contribution towards the allowance.<\/p>\n<p>(4)The competent authority, before making an application to the District Court under subsection (3), shall serve notice of the application on the liable relative.<\/p>\n<p>(5)Where a judge of the District Court is satisfied that, at the time of the hearing of an application by the competent authority under subsection (3), the liable relative had failed or neglected to make the contribution required under this section and was able to contribute to the allowance granted, the judge shall order the payment of that contribution to the competent authority in the manner he or she considers proper.<\/p>\n<p>(6)An order made by the District Court under subsection (5) is, for the purposes of its variation or enforcement, deemed to be an order for payment by instalments made under section 17 of the Enforcement of Court Orders Act 1926, and that section shall be read accordingly.<\/p>\n<p>(7)The District Court may, on the application of either the liable relative or the competent authority, vary in accordance with section 5 of the Enforcement of Court Orders Act 1940, an order made by it under subsection (5) and that section shall, with any necessary modifications, be read accordingly but any such application made by either party shall be notified to the other party in advance.<\/p>\n<p>(8)The District Court may, on application by the competent authority in whose favour an order was made under subsection (5) for an order for the arrest and imprisonment of the debtor under section 6 of the Enforcement of Court Orders Act 1940, proceed in accordance with that section.<\/p>\n<p>(9)The following provisions shall not apply to orders made under subsection (5):<\/p>\n<p>(a)section 4(1) (inserted by section 3(3) of the Courts (No. 2) Act 1986) of the Enforcement of Court Orders Act 1940 (duration of instalment orders); and<\/p>\n<p>(b)section 5(4) (inserted by section 3 of the Courts (No. 2) Act 1986) of the Enforcement of Court Orders Act 1940 (duration of variation orders).<\/p>\n<p>347.<\/p>\n<h4>Attachment of earnings order.<\/h4>\n<p>(1)<\/p>\n<p>(a)On application to the District Court by a competent authority on whose application the District Court has made an antecedent order, the Court may, to secure payments under the antecedent order, if it is satisfied that the liable relative is a person to whom earnings are to be paid, make an attachment of earnings order.<\/p>\n<p>(b)References in paragraph (a) to an antecedent order made by the District Court shall include references to such an order made, varied or affirmed on appeal from that Court.<\/p>\n<p>(2)An attachment of earnings order shall be an order directed to a person who (at the time of the making of the order or at any time after the making of the order) has the liable relative in his or her employment and shall operate as a direction to that person to make, at the times that may be specified in the order, periodical deductions of the amounts (specified in the order) that may be appropriate, having regard to the normal deduction rate (within the meaning of subsection (4)(a)) and the protected earnings rate (within the meaning of subsection (4)(b)), from the liable relative&#8217;s earnings and to pay the amounts deducted at the times the Court may order to the District Court clerk specified by the attachment of earnings order for transmission to the person or competent authority entitled to receive payments made under the relevant antecedent order.<\/p>\n<p>(3)An attachment of earnings order shall not be made without the consent of the liable relative, unless the District Court is satisfied that the liable relative has, without reasonable excuse, defaulted in the making of any payment under the relevant antecedent order.<\/p>\n<p>(4)An attachment of earnings order shall &#8211;<\/p>\n<p>(a)specify the normal deduction rate, being the rate at which the District Court considers it reasonable that the earnings to which the order relates should be applied in satisfying the relevant antecedent order, not exceeding the rate appearing to the District Court to be necessary for the purpose of &#8211;<\/p>\n<p>(i)securing payment of the sums that are due from time to time under the relevant antecedent order, and<\/p>\n<p>(ii)securing payment within a reasonable period of any sums already due and unpaid under the relevant antecedent order,<\/p>\n<p>(b)specify the protected earnings rate, being the rate below which, having regard to the resources and the needs of the liable relative, the District Court considers it proper that the relevant earnings should not be reduced by a payment made in pursuance of the attachment of earnings order, and<\/p>\n<p>(c)contain, so far as they are known to the District Court, the particulars it considers appropriate for the purpose of enabling the liable relative to be identified by the person to whom the order is directed.<\/p>\n<p>(5)Payments under an attachment of earnings order shall be in lieu of payments of the like total amount under the relevant antecedent order that have not been made and that, but for the attachment of earnings order, would be required to be made under the relevant antecedent order.<\/p>\n<p>348.<\/p>\n<h4>Employer&#8217;s obligations in relation to attachment of earnings order.<\/h4>\n<p>(1)Where an attachment of earnings order or an order varying it is made, the employer for the time being affected by it shall, where it has been served on him or her, comply with it but the employer shall be under no liability for non-compliance with the order before 10 days have elapsed since the service.<\/p>\n<p>(2)Where an attachment of earnings order is served on any person and the liable relative is not in his or her employment or the liable relative subsequently ceases to be in his or her employment, that person shall (in either case) within 10 days from the date of service or, as the case may be, the cesser, give notice of that fact to the District Court.<\/p>\n<p>(3)On any occasion when a person makes, in compliance with an attachment of earnings order, a deduction from a liable relative&#8217;s earnings, the person shall give to the liable relative a written statement of the total amount of the deduction.<\/p>\n<p>(4)The court registrar or court clerk specified by an attachment of earnings order shall cause the order to be served on the employer to whom it is directed and on any subsequent employer of the liable relative concerned of whom the registrar or clerk so specified becomes aware and service may be effected by leaving the order or a copy of the order at, or sending the order or a copy of the order by registered prepaid post to, the residence or place of business in the State of the person to be served.<\/p>\n<p>349.<\/p>\n<h4>Payments under attachment of earnings order.<\/h4>\n<p>Any payments made to a District Court clerk under an attachment of earnings order, when transmitted by the District Court clerk to the competent authority entitled to receive those payments, are deemed to be payments made by the liable relative so as to discharge any sums payable under the relevant antecedent order.<\/p>\n<p>350.<\/p>\n<h4>Powers of District Court.<\/h4>\n<p>(1)In relation to an attachment of earnings order or an application for such an order, the District Court that made the order or to which the application is made may, before or at the hearing or while the order is in force &#8211;<\/p>\n<p>(a)order the liable relative to give to the District Court, within a specified period, a written statement signed by the liable relative containing &#8211;<\/p>\n<p>(i)the name and address of any person by whom earnings are paid to him or her,<\/p>\n<p>(ii)specified particulars as to his or her earnings and expected earnings and as to his or her resources and needs, and<\/p>\n<p>(iii)specified particulars for enabling the liable relative to be identified by any employer of his or hers,<\/p>\n<p>and<\/p>\n<p>(b)order that any person appearing to the District Court to have the liable relative in his or her employment to give to the Court, within a specified period, a statement signed by that person, or on his or her behalf, containing specified particulars of the liable relative&#8217;s earnings and expected earnings.<\/p>\n<p>(2)Notice of an application for an attachment of earnings order served on a liable relative may include a requirement that he or she shall give to the District Court, within the period and in the manner specified in the notice, a written statement of the matters referred to in subsection (1)(a) and of any other matters which are or may be relevant to the determination of the normal deduction rate and the protected earnings rate to be specified in the order.<\/p>\n<p>(3)In any proceedings in relation to an attachment of earnings order, a statement given to the District Court in compliance with an order under subsection (1)(a) or (b) or with a requirement under subsection (2) shall be admissible as evidence of the facts stated therein, and a document purporting to be such a statement is deemed, unless the contrary is shown, to be a statement so given.<\/p>\n<p>351.<\/p>\n<h4>Changes in employment.<\/h4>\n<p>Where an attachment of earnings order is in force &#8211;<\/p>\n<p>(a)the liable relative shall notify in writing the District Court that made the order of every occasion on which he or she leaves any employment, or becomes employed or re-employed, not later (in each case) than 10 days from the date on which he or she does so,<\/p>\n<p>(b)the liable relative shall, on any occasion on which he or she becomes employed or re-employed, include in his or her notification under paragraph (a) particulars of his or her earnings and expected earnings from the relevant employment,<\/p>\n<p>(c)any person who becomes an employer of the liable relative and knows that the order is in force and by what court it was made shall, within 10 days of him or her becoming the liable relative&#8217;s employer or of acquiring that knowledge (whichever is the later), notify the District Court in writing that he or she is the liable relative&#8217;s employer, and include in his or her notification a statement of the liable relative&#8217;s earnings and expected earnings, and<\/p>\n<p>(d)any person who is an employer of the liable relative and knows that the order is in force and by what court it was made shall, within 10 days of such occurrence notify the competent authority and the District Court in writing of any increase in earnings paid to the liable relative.<\/p>\n<p>352.<\/p>\n<h4>Determinations by District Court.<\/h4>\n<p>(1)Where an attachment of earnings order is in force, the District Court that made the order shall, on the application of the employer concerned or the liable relative or competent authority to whom payments are being made under the order, determine whether payments (or any portions of those payments) to the liable relative of a particular class or description specified by the application are earnings for the purpose of the order, and the employer shall give effect to any determination for the time being in force under this section.<\/p>\n<p>(2)Where an application under this section is made by the employer, he or she shall not incur any liability for non-compliance with the order in relation to any payments (or any portions of those payments) of the class or description specified by the application which are made by the employer to the liable relative while the application or any appeal in consequence thereof or any decision in relation to the application or appeal is pending, but this subsection shall not, unless the District Court otherwise orders, apply in relation to those payments (or any portions of those payments) where the employer subsequently withdraws the application or, as the case may be, abandons the appeal.<\/p>\n<p>353.<\/p>\n<h4>Liable relative in service of State.<\/h4>\n<p>(1)Where a liable relative is in the service of the State, a local authority, a harbour authority within the meaning of the Harbours Act 1946, the Executive, an education and training board, or a committee of agriculture established by the Agriculture Act 1931 or is a member of either House of the Oireachtas &#8211;<\/p>\n<p>(a)in a case where a liable relative in the service of the State is employed in a department, office, organisation, service, undertaking or other body, its chief officer (or such other officer as the Minister of the Government by whom the department, office, organisation, service, undertaking or other body is administered may from time to time designate) shall, for the purposes of this Act, be regarded as having the liable relative in his or her employment,<\/p>\n<p>(b)in a case where a liable relative is in the service of such an authority or committee or the Executive, its chief officer shall, for the purposes of this Act, be regarded as having the liable relative in his or her employment,<\/p>\n<p>(c)in any other case, where a liable relative is paid out of the Central Fund or out of moneys provided by the Oireachtas, the Secretary-General of the Department of Finance (or such other officer of the Minister for Finance as that Minister may from time to time designate) shall, for the purposes of this Act, be regarded as having the liable relative in his or her employment, and<\/p>\n<p>(d)any earnings of a liable relative paid out of the Central Fund or out of moneys provided by the Oireachtas shall be regarded as paid by the chief officer referred to in paragraph (a) or (b), as the case may be, the Secretary-General of the Department of Finance or such other officer as may be designated under paragraph (a) or (c), as the case may be, as may be appropriate.<\/p>\n<p>(2)Where any question arises in proceedings for or arising out of an attachment of earnings order as to what department, office, organisation, service, undertaking or other body a liable relative in the service of the State is employed in for the purposes of this section, the question may be referred to and determined by the Minister for Finance.<\/p>\n<p>(3)A document purporting to contain a determination of the Minister for Finance under subsection (2) and to be signed by an officer of the Minister for Finance shall, in any proceedings mentioned in that subsection, be admissible in evidence and be deemed, unless the contrary is shown, to contain an accurate statement of that determination.<\/p>\n<p>(4)In this section references to a liable relative in the service of the State shall include references to a liable relative to whom earnings are paid directly out of moneys provided by the Oireachtas.<\/p>\n<p>354.<\/p>\n<h4>Discharge, variation or lapse of attachment of earnings order.<\/h4>\n<p>(1)The District Court that made an attachment of earnings order may, where it thinks fit, on the application of the competent authority, the liable relative, or the District Court clerk on whose application the order was made, make an order discharging or varying that order.<\/p>\n<p>(2)Where an order varying an attachment of earnings order is made under this section, the employer shall, where it has been served on the employer, comply with it, but he or she shall be under no liability for non-compliance before 10 days have elapsed since the service.<\/p>\n<p>(3)Where an employer affected by an attachment of earnings order ceases to have the liable relative in his or her employment, the order shall, in so far as that employer is concerned, lapse (except in relation to deductions from earnings paid after the cesser by that employer and payment to the person in whose favour the order was made of deductions from earnings made at any time by that employer).<\/p>\n<p>(4)The lapse of an order under subsection (3) shall not prevent its remaining in force for other purposes.<\/p>\n<p>355.<\/p>\n<h4>Cesser.<\/h4>\n<p>(1)An attachment of earnings order shall cease to have effect on the discharge of the relevant antecedent order, except as regards payments under the attachment of earnings order in respect of any time before the date of the discharge.<\/p>\n<p>(2)Where an attachment of earnings order ceases to have effect, the clerk or registrar of the Court that made the order shall give notice of the cesser to the employer.<\/p>\n<p>356.<\/p>\n<h4>Offences.<\/h4>\n<p>(1)Where, without reasonable excuse, a person &#8211;<\/p>\n<p>(a)fails to comply with section 348(1) or (2) or 351 or an order under section 350 or 354(2), or<\/p>\n<p>(b)gives to a court a statement under section 350(1), or a notification under section 351, that is false or misleading, or fails to give any statement,<\/p>\n<p>and the competent authority as a result fails to obtain a sum of money due under an attachment of earnings order, that sum may be sued for as a simple contract debt in any court of competent jurisdiction by the competent authority or the District Court clerk to whom that sum is to be paid, and that court may order the person to pay to the competent authority or the District Court clerk, as appropriate, the amount (not exceeding the sum aforesaid) that in all the circumstances the court considers proper for distribution in the manner and in the amounts that the court may specify to the competent authority for whose benefit the attachment of earnings order was made.<\/p>\n<p>(2)Where a person gives to a District Court &#8211;<\/p>\n<p>(a)a statement under section 350, or<\/p>\n<p>(b)a notification under section 351,<\/p>\n<p>that is to his or her knowledge false or misleading, the person is guilty of an offence and is liable on summary conviction to a fine not exceeding \u20ac1,500 or to imprisonment for a term not exceeding 6 months or to both.<\/p>\n<p>(3)A person who contravenes section 348(3) is guilty of an offence and is liable on summary conviction to a fine not exceeding \u20ac1,500.<\/p>\n<p>357.<\/p>\n<h4>Payments under order of court to offset contributions.<\/h4>\n<p>Where an order of the court has been granted to a person who is in receipt of an allowance, the payments made under that order shall offset either in whole or part, as the competent authority may determine, contributions due by the person liable to contribute under section 346 (1) to that allowance.<\/p>\n<p>358.<\/p>\n<h4>Recipient of benefit or allowance to transfer to competent authority payments under order of court.<\/h4>\n<p>(1)Subject to regulations, a person who is in receipt of an allowance shall be liable to transfer to the competent authority payments made to that person in compliance with an order of the court.<\/p>\n<p>(2)Subject to regulations, a person who claims an allowance may be required by the competent authority to consent to the transfer to the competent authority of payments made to that person in compliance with an order of the court, such transfer to be conditional on the award of an allowance to that person.<\/p>\n<p>(3)Where a person who is in receipt of an allowance fails to comply with subsection (1) the allowance being paid to that person shall be reduced by the amount which that person is liable under subsection (1) to transfer to the Minister.<\/p>\n<p>359. Investigations by Health Service Executive.<br \/>\nRepealed from 1 October 2011<br \/>\n(1)The Executive may investigate into any question arising on or in relation to supplementary welfare allowance granted by the Executive and may, for the purpose of the investigation, require a liable relative or any employer of any such person to give to the Executive the information and to produce to the Executive for inspection the documents relating to that person that the Executive may reasonably require.<\/p>\n<p>(2)Where a liable relative or the employer of any such person fails to comply with subsection (1) he or she is guilty of an offence and is liable on summary conviction to a fine not exceeding \u20ac1,500 or on conviction on indictment to a fine not exceeding \u20ac13,000.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-19893\" data-postid=\"19893\" class=\"themify_builder_content themify_builder_content-19893 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Whom Liable For The social welfare legislation defines parties who are liable relatives for the purpose of maintenance in the above contexts. A man is liable to maintain the following: wife, former wife after the dissolution of marriage, civil partner, former civil partner after dissolution; A woman is liable to maintain \u00a0husband, former husband after [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[284],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19893"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=19893"}],"version-history":[{"count":7,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19893\/revisions"}],"predecessor-version":[{"id":35094,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19893\/revisions\/35094"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=19893"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=19893"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=19893"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}