James Bannon (Fine Gael)
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I thank the Minister of State for attending the House to take this important and, indeed, sad motion on the Adjournment. I am bringing this matter before the House to highlight the need for the Minister for Social and Family Affairs to clarify the position concerning his Department's refusal to grant an orphan's contributory allowance or supplementary welfare allowance to the grandparents — whose names I have supplied — of two young children whose mother died tragically last year. The children's father, from whom their mother was divorced, has remarried and has a new family, leaving the children to all extents and purposes orphaned and in the care of their grandparents.

While not technically orphaned, the two young children who are the subject of this motion are, for all practical purposes, without parents and have been left in the care of their grandparents who are doing a wonderful job in caring for them on limited resources. The children lost their mother tragically last year. Prior to her death, she had been divorced from their father who subsequently remarried and has a new family of his own in the United Kingdom. The children's grandparents retired to Ireland four years ago, having worked and paid contributions in the UK for over 45 years. The grandmother subsequently took up part-time employment here to help finance their retirement. On 6 July 2004, their daughter died leaving two young sons aged eight and 13 years. The children asked to remain in Longford with their grandparents, continuing their education there, and the grandparents were given custody of the children. Their father agreed to pay a small amount for their keep on a monthly basis. At this stage the grandmother had to give up her job to care for the children.

The couple applied for State assistance in the form of an orphan's contributory allowance or a supplementary welfare allowance, but were refused both. These allowances are not universal, but rather selective payments and that is the nub of the matter. In assessing this case, it is important to consider its circumstances, which are outside the norm. However, special measures must be applied to the unusual situation in which this couple find themselves. I am asking the Minister of State to put aside the norms of interpretation and to consider this individual case, conscious of its unique circumstances. This couple are providing a family upbringing for their grandchildren who are, for different reasons, deprived of the care of both parents. Children have far-reaching needs which all parents, whether natural or not, struggle to provide. This couple are doing their best, but they do need financial assistance.

It is undoubtedly difficult for any couple to be left with the care of two young children. How much more difficult it must be for an elderly couple — the grandparents concerned are coming up to 70 years of age — no matter how willing, to have their lives totally changed and demands made on their finances without recourse to any State assistance. We do not come across such cases too often, but the State should be in a position to provide some assistance to grandparents who are left in this situation. The children concerned wish to attend school in Ireland, but their grandparents have been left with no financial assistance to provide for their upkeep. I ask the Minister of State to examine this unique situation so that some assistance can be provided for the children's care, maintenance and schooling.

Tim O'Malley (Limerick East, Progressive Democrats)
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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.

James Bannon (Fine Gael)
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This is a special situation. Their father lives in the UK, and it is important that children of eight and 13 keep in contact with him. Whatever he pays goes towards air fares for them to travel to and from the UK during every school break and the costs of staying there. They must pay to stay in a small hotel, since he is in a new relationship and has a very small apartment in London that cannot provide shelter for them when they are there. The allowance that they receive from him is minimal, being less than €50 per week. It is very hard for grandparents to rear two young children on their pensions. Perhaps the Minister of State might re-examine the situation or ask the Minister for Social and Family Affairs, Deputy Brennan, to do so. Perhaps an extraordinary payment might be arranged for people who find themselves in this situation.

Tim O'Malley (Limerick East, Progressive Democrats)
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The matter has been adequately dealt with.