Catherine Byrne (Dublin South Central, Fine Gael)
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Question 1315: To ask the Minister for Social and Family Affairs the reason a person (details supplied) in Dublin 10 has had their rent supplement reduced; if it is due to this person undertaking a course to try and improve their future prospects and become independent of social welfare payments; if her attention has been drawn to the fact that this person and their family are experiencing financial difficulties due to this payment being reduced; and if she will make a statement on the matter. [30519/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Rent supplement is administered on behalf of the Department by the community welfare division of the Health Service Executive (HSE), as part of the supplementary welfare allowance scheme. Rent supplement is normally calculated to ensure that a person, after the payment of rent, has an income equal to the rate of SWA appropriate to their family circumstances less a minimum contribution, currently €13, which recipients are required to pay from their own resources. Many recipients pay more than €13 because recipients are also required, subject to income disregards, to contribute any additional assessable means that they have over and above the appropriate basic SWA rate towards their accommodation costs. The rent supplement recipient was in receipt of disability allowance while her spouse was originally in receipt of supplementary welfare allowance (SWA). Their total income at that time was equivalent to the SWA rate appropriate to their family size and they were required to pay €13 towards their rent. However, when her spouse was awarded jobseekers allowance the couples combined income exceeded the rate of SWA appropriate to their family size, by €66.50. They were then required to pay €79.50 towards their rent and their entitlement to rent supplement was reduced accordingly. However, their overall income, after their rent is paid remains the same.

In cases where additional income is derived from part-time employment or training allowances, the first €75 per week is disregarded in full and 25% of any further additional income above €75 per week is also disregarded. These arrangements also apply to people who take up full-time employment provided they are eligible for the rental accommodation scheme. This ensures that people who take up a training course offer, for example with FÁS where an additional training allowance may be payable, are financially better off for having done so. If the person concerned is not satisfied with the decision of the HSE, it is open to her to lodge an appeal against the decision.

Róisín Shortall (Dublin North West, Labour)
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Question 1316: To ask the Minister for Social and Family Affairs if he will report on the term "abandon" or "abandonment" in view of the condition that a qualifying child must be abandoned in terms of guardian's payment; if the term is defined is legislation; and if she will make a statement on the matter. [30548/08]

Róisín Shortall (Dublin North West, Labour)
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Question 1317: To ask the Minister for Social and Family Affairs 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 their care by a sole surviving parent who has been incarcerated; if this was the intended effect of the change in the legislation in 2005; and if she will ensure that contact is made with the Department of Health and Children to address this anomaly. [30550/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 1316 and 1317 together.

The Guardian's payment schemes allow 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 the child.

Section 2 (1) of the Social Welfare Consolidation Act, 2005 defines an orphan as a qualified child both of whose parents are dead, or one of whose parents is dead or unknown or has abandoned and failed to provide for the child, as the case may be, and whose other parent is unknown, or has abandoned and failed to provide for the child, 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 in order to establish if the conditions of entitlement are fulfilled. The Social Welfare Inspector completes a report on all relevant issues and this report is then referred to the Deciding Officer to make a decision on the claim.

A parent's committal to prison alone is not considered sufficient qualifying criteria to satisfy the legislative definition of orphan. However, the incarceration of a parent is one of the factors which is considered in determining if the legislative provision relating to abandonment and failure to provide is satisfied. Where a child whose parent/s have been incarcerated is cared for by another person for the period of that incarceration and their carer is in receipt of a social welfare payment, an increase for a qualified child may be payable for each child.

A Foster Care Allowance is paid by the HSE in respect of a child who is in the care of the State. The legislative change in 2005 was solely to ensure that two state payments, Foster Care and Guardians Payment, were not being made in respect of the same child.