Niamh Smyth (Cavan-Monaghan, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

419. To ask the Minister for Employment Affairs and Social Protection the full details, criteria and application process pertaining to the guardian's payment; and if she will make a statement on the matter. [41937/20]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

A Guardian's payment is made to a person caring for a child who satisfies the definition of an "orphan" under social welfare legislation. A child is considered an orphan if they are under 18 (or under 22 if in full time education) and both parents are deceased; or one parent is either dead or unknown or has abandoned and failed to provide for the child and the other parent is unknown or has abandoned and failed to provide for the child.

There is no requirement for the person looking after the child to be made the child's legal guardian in order to qualify for the guardian's payment.  

Guardian's payment is not payable in respect of a child for whom a Foster Care Allowance is being paid.

There are two types of Guardians Payment.  If either parent or step-parent had worked at any time and paid PRSI for 26 weeks, the child is entitled to the guardians payment contributory.  This may be paid for a qualifying child living in the state or abroad and is not means tested.  Payment is made to the child's guardian up to the child's 18th birthday or 22nd birthday if they are in full-time education. 

Guardian's Payment (non-contributory) is a means tested payment for eligible children who are not entitled to the contributory payment. The means test for this is based on the child's (orphans) means and not on the guardian's means.  Payment is made to the child's guardian up to the child's 18th birthday (or 22nd birthday if they are in full-time education).

Application forms for Guardians Payment can be downloaded directly from my Department's website www.gov.ie/guardians.

I hope this clarifies the matter for the Deputy.