Róisín Shortall (Dublin North West, Labour)

I move amendment No. 14:

In page 6, between lines 7 and 8, to insert the following:

3.—The Minister shall as soon as may be after the passing of this Act prepare and lay before both Houses of the Oireachtas a report on the need for foster parents to be considered a qualified parent and for fostered children to be considered a qualified child for the purposes of qualifying for the one parent family payment.

This amendment arises from a particular case involving a common law couple who had been together for 28 years and fostered two very young children. Tragically, the woman concerned died, leaving her partner to care for the two young children on his own with the assistance of a foster payment for each child. The tragic circumstances were such that he had to resign from his job to provide full-time care for the two children. On Committee Stage, the Minister implied that the man in question had been refused the one-parent family payment because he was in receipt of foster allowance. However, the latter allowance is to meet the needs of the children. This is the official position of the Department. The payment is particularly to meet the additional expenses related to foster children, including making arrangements for them to meet their natural parents and keep in contact with their families.

In the case in question the man was not regarded as a qualified parent because he was not the parent of a qualified child. Under existing legislation, the definition of "parent" does not include a foster parent. There is a need to change the wording as a consequence. I stated previously that if the man had a child of his own, he would be entitled to claim the one-parent family payment. If he were a separated spouse or widow, the requirement to have a child of his own would not be a requirement under the legislation. His case is very unusual but it seems extraordinary that he would be denied the one-parent family payment given his very tragic circumstances.

There is no problem or should be no problem with the principle of my amendment. I ask the Minister to recognise that there is a difficulty with the wording of the legislation, which wording did not encapsulate the circumstances I describe. The officers dealing with the case recognise this problem with the wording and believe there is no question but that a person in such circumstances should be entitled to a one-parent family payment. I ask the Minister to consider the case compassionately.

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