Social Welfare Consolidation Act 2005
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Contribution towards benefit or allowance. [1993 s286(1); 1997 s29(3)] |
346.—(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. | |
| [1997 s29(3)(b)] |
(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— | |
(a) disregard in whole or in part any amount of the income of a liable relative from any source specified in the regulations, and | ||
(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. | ||
| [1993 s286(2); 1996 s19(1) & Sch E] |
(3) Where a person who is liable to contribute under subsection (1) (subsequently referred to in this Part as “the liable relative”) 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. | |
| [1993 s286(3)] |
(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. | |
| [1993 s286(4); 1998 s24(5)] |
(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. | |
| [1993 s286(5)] |
(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. | |
| [1993 s286(6)] |
(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. | |
| [1993 s286(7)] |
(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. | |
| [1993 s286(8)] |
(9) The following provisions shall not apply to orders made under subsection (5): | |
(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 | ||
(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). |