Róisín Shortall (Dublin North West, Labour)
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Question 535: To ask the Minister for Health and Children if her attention has been drawn to the fact that there is no social welfare or foster care payment available to the guardian of children who are left in his or her care by a sole surviving parent who has been incarcerated; and if she will ensure that contact is made with the Department of Social and Family Affairs to address this anomaly. [30549/08]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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The foster care allowance can only be paid in respect of children who are deemed to be in need of care and protection and who are taken into the care of the Health Service Executive and placed in foster care or relative care in accordance with the Child Care Regulations, 1995. Under the current legislation, the Health Service Executive must assess the needs of a child placed in care and the suitability of the prospective foster or relative carers, and draw up a care plan. The implementation of the care plan places significant responsibilities and duties on foster carers, whether relatives or non-relatives. The Foster Care Allowance is paid in recognition of these additional responsibilities and the additional costs of looking after foster children. Decisions relating to the payment of social welfare allowances are a matter for my colleague the Minister for Social and Family Affairs.