# Couple on SW separting - maintenance? One Family payment?



## dubinamerica (18 Mar 2010)

If a couple on social welfare payments separate, how is maintenance calculated? Say both on jobseekers benefit + one parent will remain with 3 children. 

If parent residing with children applies for the one family payment, how are joint savings, property etc treated? 

Do they need a legal document to indicate separation, or is just living apart enough? 


Can they get help with mortgage interest - if so is only half taken into account or full amount??

Any pointers appreciated


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## Welfarite (18 Mar 2010)

First of all, OFP can only be applied for 3 months after separation. Maintenance is not 'calculated' by SW but is a matter for the coruts or mutual agreement. The meas test for OFP is the same as that for any oher SW scheme, with any maintenenace paid taken as means as well. You don't have to be legally separated to apply for OFP.


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## dubinamerica (18 Mar 2010)

Hi Welfarite - thanks for the info. Their happened to be an article in today's indo which stated "Those earning less than €18,000 annually or those living on social welfare benefits are exempt from the payment. " regarding maintenance, so if this is accurate then the parent with the children would not receive maintenance.
Do you happen to know what would happen to the half rate child payment recd whilst on illness benefit (assuming both parents on this). If the father is living out of the family home, can the mother claim for that payment?
If mother living alone with children, any idea what way means testing would work? If there are savings in joint a/cs would half of that be taken into account? any info at all would be really appreciated. Thanks!


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## gipimann (18 Mar 2010)

In relation to the half rate child payment, the adult who remains with the child(ren) should apply for full rate child payment on their claim, and the adult who leaves the family home will revert to single rate payment only.


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## Welfarite (18 Mar 2010)

Joint accounts would be haved but bear in mind that having joint accounts is vulnerable situation to be in if one or other gets aggreived with the way things are going!


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## dubinamerica (19 Mar 2010)

Thanks for the feedback on this. So - say the person staying in the home is receiving Illness Benefit and full rate for 3 children, and not receiving any maintenance payment how does the means testing work for One parent family? 
Are some of the savings disregarded? Would they look at outgoings? What is the amount of this payment for example? Any info would be really appreciated.


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## Welfarite (19 Mar 2010)

Plenty on it here. Specific means questions are answered here


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## dubinamerica (20 Mar 2010)

hi - i've taken a look through these links but still struggling (prob due to total exhaustion) to figure out what would happen if person is currently receiving illness benefit. 

Say for example person is on Illness Beneift and getting the money for self + 3 children, receiving no maintenance and has 20K savings - then the 20K is disregarded
Would they qualify for the OFP ? Would illness benefit be impacted? I saw something about half rate but not sure how that works.. 

Say the person had 30K in savings, first 20 disregarded, then next 10K -is that taken to be income of 10euro per week, so person would still be below limit of 425 earnings per week. 

If you could help me work through these examples i would really appreciate it


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## Welfarite (20 Mar 2010)

Not sure if half-rate IB went in last budgetl check under that scheme. The 'means' in your example would be 10 quid deducted from full rate of OFP. Don't confuse means with 'earnings', which is earnings from emplyment.


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## dubinamerica (22 Mar 2010)

I've taken a look but not sure if that's gone now at this stage - seems to have been a proposal alright. I think it may have been the opposite situation - that if you are on OPF then you can get half rate illness but not sure if you're already on illness if you can change that to half rate and claim OFP.. (confusing!)
Say the half rate is gone, by switching from illness benefit to one parent family - would the actual rate of payments change or would the person end up with the same amount? Would there be any benefits of being on OPF rather than JSA regarding other areas - grants for children and oneself for college,extra allowances etc? If you've any idea at all I'd appreciate any feedback. Cannot get in contact with the social welfare depts that I need to right now as they are not answering the phones.


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## fababby (22 Mar 2010)

The parent in question could apply for OPFP once separated 3 months as previously mentioned.  If successful, the claimant would get OPFP plus half rate illness benefit.  If s/he earns less than €146.50 then they would retain full OPFP and up to €425, s/he will receive a reduced OPFP payment.  Means are assessed separately - as mentioned - first 20k disregarded.  The advantage of OPFP over JSA is that you don't have to be available and seeking work for OPFP.  On OPFP you *may* not get credited contributions which will affect future entitlements/pension.

But you can also receive the full OPFP and half JB (not JSA) if available and seeking work.  Basic rates of payment for personal rate and child dependent rates for JB, OPFP and illness benefit are all the same. No extra payments payable with JB and IB as they are considered short term payments.  Fuel allowance may be payable with OPFP, subject to other condition...It will not be payable with half rate JB/IB.

HTH, A


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