Tim O'Malley (Limerick East, Progressive Democrats)

I thank Senator Bannon for raising this matter on the Adjournment. I am taking this matter on behalf of my colleague, the Minister for Social and Family Affairs, Deputy Brennan.

The orphan's contributory allowance and orphan's non-contributory pension are paid by the Department of Social and Family Affairs and provide income maintenance in respect of certain dependent children, subject to satisfying the scheme qualifying conditions.

For the purposes of the orphans' schemes, a child may be regarded as an orphan where both parents are deceased or where one parent is deceased and the other parent has abandoned and failed to provide for the children. In the case in question, an application for an orphan's payment was received on 10 August 2004 from the maternal grandparents of two children who reside in Ireland. It appears that the grandparents were granted legal guardianship of the children following the death of their mother in 2004. The parents of the children had already divorced and the father, who resides in the United Kingdom, continues financially to support his two children in respect of whom an orphan's payment is sought.

In these circumstances, their father cannot be considered to have abandoned and failed to provide for them, as he is paying maintenance of €434.16 per month. Therefore, it is considered that an orphan's payment is not appropriate in the circumstances outlined. The persons concerned were informed of this decision by a deciding officer on 17 September 2004. They were also informed that they could appeal this decision by writing to the Chief Appeals Officer, Social Welfare Appeals Office, D'Olier House, Dublin 2, within 21 days. An appeal was subsequently lodged by the persons concerned on 24 September 2004 and an oral appeal was held on 26 January 2005.

In considering the particular case, the appeals officer stated that the legislation specifically defines the circumstances in which a child can be regarded as an orphan. The appeals officer concluded that as the father of the children is paying maintenance in respect of his children, it cannot be held that he has failed to provide for his children and therefore they cannot be deemed to be orphans for the purpose of the scheme. The persons concerned were informed of this decision in writing on 14 February 2005.

The objective of the supplementary welfare allowance scheme, which is administered by the Health Service Executive, is to provide assistance to an eligible person whose means are insufficient to meet his or her basic needs and those of his or her dependants. With the exception of those participating in approved schemes, such as back-to-work or community employment, people engaged in full-time remunerative employment are excluded in legislation from receipt of supplementary welfare allowance.

The midland region of the Health Service Executive was contacted and has advised in this case that the conditions for receipt of supplementary welfare allowance are not satisfied, as the persons concerned are in employment.

The back-to-school clothing and footwear allowance scheme assists persons in receipt of certain payments when children start school each autumn. The scheme operates from the beginning of June to the end of September each year and is administered on behalf of the Department by the Health Service Executive. The persons concerned received a payment of €200 from the Health Service Executive in August 2005 towards the cost of clothing and footwear, as the claimant was not working at that time and was in receipt of a qualifying payment.

If the family circumstances have changed since August 2005, the persons in question should contact the community welfare officer in the local Health Service Executive area and if they wish to proceed with an application for supplementary welfare allowance, a review of their circumstances can then be carried out in order to determine the amount of assistance, if any, that is payable under the terms of the scheme.