Benefit win for sole parents sharing custody

Three Rotorua beneficiaries have forced a law change for single parents with split custody of their children through an out-of-court settlement with the Social Development Ministry.

On October 1, 1991, a law was introduced to stop two parents living apart, but who had split custody of their children, from both getting the Domestic Purposes Benefit.

One was eligible for the sole-parent benefit and all the benefits that went with it, while the other was entitled to the unemployment benefit.

Rotorua beneficiaries advocate and sole parent Paul Blair argued that this was not fair as the parent receiving the DPB was entitled to earn more when working than the parent on the dole.

Parents on the DPB were also entitled to childcare subsidies, a non-recoverable training incentive allowance if attending a course, and did not have to be work-tested.

Rotorua sole parents Leon Broughton, Richard Amoroa and Mr Blair started legal proceedings in the High Court at Rotorua against the chief executive of the ministry more than a year ago.

In the out-of-court settlement, the ministry agreed the second parent in split-custody cases would be entitled to the emergency maintenance allowance, paid at the same rate as the DPB and with similar advantages.

Justice Alan McKenzie ordered the ministry to review the plaintiffs' benefits, pay any arrears, treat all similar cases in the same way and review cases as far back as December 12, 2000.

- NZPA