Bríd Smith (Dublin South Central, People Before Profit Alliance)
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54. To ask the Minister for Employment Affairs and Social Protection if the rules regarding access to lone parent payments for long-term foster carers of children will be examined to ensure fosterers are not forced to choose between continuing the care of children or receiving a social welfare payment; and if she will make a statement on the matter. [26584/18]

Regina Doherty (Meath East, Fine Gael)
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Under the current social welfare legislation in order to qualify for payment of One-Parent Family Payment (OFP), an applicant must be a qualified parent of at least one relevant child who is ordinarily resident in the State, is not detained in a children detention school, and has not attained the relevant age (currently 7 years of age). A qualified parent is defined as:

(a) a widow,

(b) a widower,

(c) a separated spouse,

(d) an unmarried person,

(e) a person whose spouse or civil partner has been committed in custody to a prison or place of detention for not less than 6 months,

(f) a surviving civil partner,

(g) a civil partner who is not living with the other civil partner of the civil partnership, or

(h) a person who is not a party to a civil partnership who is the parent, step-parent, adoptive parent, or legal guardian of at least one relevant child, who normally resides with that person.

To be a qualified parent the applicant must therefore be legally defined as either the parent or guardian of the relevant child. A foster carer is not the legal parent or guardian of the foster child and as such is not a qualified parent in this context.

The provision of fostering services is a matter for Tusla (the Child and Family Agency). This includes any supports, including financial, that are required by either the foster carers or the foster child. A specific weekly payment is payable to foster carers by Tusla.

Where a child has been placed in foster care by Tusla and the child has been in the continuous care of the foster carer(s) for 6 months, Child Benefit may then transfer to the foster carer(s).