Seán Haughey (Dublin North Central, Fianna Fail)

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

The original orphan's allowance scheme was set up in 1935 to support orphans where both parents were deceased. The definition of "orphan" has broadened considerably since. In 1995 it was extended to allow a claim on behalf of a child with both parents alive and known. The guardian's payments scheme currently allows for the provision of a weekly allowance to a guardian of a child who has either been orphaned or whose parents have abandoned and failed to provide for him or her. The child must live with the claimant who must be responsible for his or her care. The payment must benefit the child.

Section 2(1) of the Social Welfare (Consolidation) Act 2005 defines an orphan as a qualified child: (a) both of whose parents are dead, or (b) one of whose parents is dead or unknown or has abandoned and failed to provide for the child, and (c) the other parent is unknown or has abandoned and failed to provide for the child, and where that child is not residing with a parent, adoptive parent or step-parent.

All claims for guardian's payment are decided by a deciding officer appointed by the Minister under section 299 of the Social Welfare (Consolidation) Act 2005. Prior to decision, claims are referred to a social welfare inspector to establish if the conditions of entitlement are fulfilled. The social welfare inspector completes a report on all relevant issues, which report is referred to a deciding officer to assist with the making of a decision on the claim.

Each case is decided based on individual circumstances. The previous and continuing level of contact with the child and the level of the parents' involvement in the welfare of the child are among the factors taken into account in determining if the legislative provision relating to abandonment and failure to provide is satisfied. If so and if either parent or step-parent had worked at any time and paid PRSI for 26 weeks, the child is entitled to the contributory guardian's payment. This may be paid in respect of a qualifying child living in the State or abroad and is not means-tested. Payment is made to the child's guardian up to the child's 18th birthday or 22nd birthday, if the child is in full-time education.

Non-contributory guardian's payment is a payment for eligible children not entitled to the contributory payment. The means test for the payment is based on the child's means. Payment is made to the child's guardian up to the child's 18th birthday or 22nd birthday, if the child is in full-time education. The rate for guardian's payment — contributory and non-contributory — is €176.50 per child per week.