Ms B -v- Mr B & anor [2016] IEHC 626 (08 November 2016)

Ms B -v- Mr B & anor [2016] IEHC 626 (08 November 2016)

The statutory exception in s.5(4)(a) of the 1976 Act applies only to 'one-parent family payment' and 'supplementary welfare allowance' as defined in the Social Welfare (Consolidation) Act 2005. Carer's Allowance, Domiciliary Care Allowance, Child Benefit, and Respite Care Grant are not excluded and must be considered as income for maintenance calculation.

Citation
[2016] IEHC 626
Parties
Applicant: Ms B; Respondent: Mr B; Notice Party: Minister for Social Protection
Jurisdiction
Ireland
Judgment Date
08 November 2016
Procedural Posture
Consultative Case Stated (maintenance) / High Court Judgment on Case Stated From District Court
Outcome
Questions answered as set out in the judgment; statutory interpretation clarified.
Legal Topics
Maintenance Orders, Statutory Interpretation, Calculation of Income for Maintenance, Social Welfare Payments and Maintenance
Family Law Social Welfare Law Maintenance Orders Statutory Interpretation Calculation of Income for Maintenance Social Welfare Payments and Maintenance

Case Brief

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Parties

Ms B

Applicant

Mr B

Respondent

Minister for Social Protection

Notice Party

Procedural Posture

Consultative Case Stated (maintenance) / High Court Judgment on Case Stated From District Court

Legal Issues

  1. 1 Whether Carer's Allowance, Domiciliary Care Allowance, Child Benefit, and Respite Care Grant are excluded from income for maintenance calculation under s.5(4) of the Family Law (Maintenance of Spouses and Children) Act 1976, as amended
  2. 2 Interpretation of 'benefit or allowance' in s.5(4)(a)

Ratio Decidendi

The statutory exception in s.5(4)(a) of the 1976 Act applies only to 'one-parent family payment' and 'supplementary welfare allowance' as defined in the Social Welfare (Consolidation) Act 2005. Carer's Allowance, Domiciliary Care Allowance, Child Benefit, and Respite Care Grant are not excluded and must be considered as income for maintenance calculation.

Court Disposition

Questions answered as set out in the judgment; statutory interpretation clarified.

Orders

  • Carer's Allowance, Domiciliary Care Allowance, Child Benefit, and Respite Care Grant are not excluded from income under s.5(4)(a) and must be considered in maintenance calculations.
  • Only 'one-parent family payment' and 'supplementary welfare allowance' are excluded from income under s.5(4)(a).