Bernard Durkan (Kildare North, Fine Gael)
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161. To ask the Minister for Social Protection if she will clarify what is accepted as sufficient evidence in order to prove a child satisfies the definition of an orphan pursuant to section 2(1) of the Social Welfare Consolidation Act 2005; and if she will make a statement on the matter. [10375/14]

Joan Burton (Dublin West, Labour)
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Under the Social Welfare code an orphan is defined as a child, both of whose parents are dead, or a child whose parent or parents have abandoned and failed to provide for them. A child who is residing with a parent, adoptive parent or step-parent is not regarded as an orphan. In cases where both parents of a child are dead, and an application is made for guardian’s payment, the death certificates of both parents have to be examined. In other cases, where one or both of the child’s parents are still alive, a Deciding Officer will thoroughly consider all the evidence available and assess the relationship between the parent(s) and the child concerned in order to establish whether the child in question has been abandoned by their parent(s).

While a decision is made based on the evidence available in each individual case, typically the evidence considered by a Deciding Officer will include:

- reports from social welfare inspectors;

- reports from social workers employed by the Health Service Executive;

- statements made by the parent or parents of the child;

- statements made by the person caring for the child or any other parties involved in the overall welfare of the child.

Once a decision is made on a guardians application, the claimant is notified of the outcome. If the claimant is not satisfied with the decision of the Deciding Officer, it is open to them to appeal that decision to the Social Welfare Appeals Office, within 21 days, and their appeal will be considered by an independent Appeals Officer.