Bernard Durkan (Kildare North, Fine Gael)
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299. To ask the Minister for Social Protection notwithstanding her replies to previous Parliamentary Questions in the matter of entitlement to guardianship payment in the case of a person (details supplied) in County Kildare; if any evidence exists to support her Department's deciding officer's contention in the case; and if she will make a statement on the matter. [18662/14]

Joan Burton (Dublin West, Labour)
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Following a review of entitlement to guardian’s payment (contributory) in respect of the person concerned, it emerged that the circumstances in relation to the child’s mother had changed. The person concerned was asked to provide independent evidence to support her contention that the child satisfied the definition of an orphan under social welfare legislation. Sufficient evidence was not provided and the deciding officer decided that, with effect from 22 February 2013, there was no longer an entitlement to guardian’s payment (contributory), as the child concerned was not considered to be an orphan under social welfare legislation.

This decision was appealed by the person concerned to the Social Welfare Appeals Office and the decision of the deciding officer was upheld by the Appeals Officer on 24th January 2014. Under social welfare legislation, the decision of an Appeals Officer is final.

However, if the circumstances in relation to the child change, the person concerned can request a review of her entitlement to Guardian’s payment (contributory), supported by any relevant new evidence.