Case Studies » One Parent Family » One Parent Family Payment - Case from 2017 Annual Report (ref: 2017/09)

Background: The Department disallowed the appellant’s claim for One Parent Family Payment (OFP) payment on the grounds that the appellant had failed to show that she was not cohabiting or that her means were below the maximum rate of €217.80 weekly.

Oral Hearing: The appellant attended the hearing with a representative. The Social Welfare Inspector (SWI) was also in attendance, at the request of the Appeals Officer. The SWI read out her report which concluded that the appellant did not reside at her parents’ address as she had claimed. This contention followed from a visit to her parents’ address by the SWI in relation to the appellant’s sister’s claim for Jobseeker’s Allowance. The appellant was not listed as residing at the address on the appellant’s sister’s claim at that time. The SWI submitted that the appellant had moved to a large rented house and must have been in a position to pay the costs of living there and on that basis must have been receiving financial assistance from her son’s father in this regard. The SWI submitted that the appellant was asked to provide details of her son’s father’s income as she was benefitting from this income and that these details had not been provided.

The appellant submitted that she was resident at her parent’s address having moved out of the rented accommodation following the breakdown of the relationship with her son’s father. She submitted that she had no means and was being financially assisted by her parents. She was receiving weekly maintenance of €30 from her son’s father who she stated now lived with his parents. The appellant’s representative at the hearing confirmed that to his knowledge the appellant’s son’s father resided at his parents' address. The appellant submitted that she had been unable to meet her loan repayment to the Credit Union and that at times she had needed to get food parcels from a local food bank. This was confirmed by her representative.

Consideration: The Appeals Officer considered the evidence available. The Department was of the view that the appellant did not reside in her parents’ address and was being supported by the father of her son. The evidence available did not however support this conclusion. From the evidence available the Appeals Officer concluded that the appellant resides at her parents’ address and is not living in a cohabiting relationship and that her means are well below €217.80 weekly.

Outcome: Appeal allowed.