I welcome the Minister of State, Deputy Haughey.
Guardianship Payments.
I also welcome the Minister of State. I thank the Cathaoirleach for giving me this opportunity to raise the issue of guardianship payments. I am raising it in the light of the fact that the current criteria exclude some legal guardians and others, particularly grandparents caring for and raising children, from availing of the payment. The latter's circumstances tend to involve parents who are undergoing drug rehabilitation and have little contact with their children. Since the criteria refer to orphaned or abandoned children, the grandparents tend to be excluded.
I have encountered a variety of cases, the likes of which the Minister for Social and Family Affairs is examining, in some of which grandparents are receiving the payment but not in others. The criteria are causing concern. Will the Minister of State outline to the House the specific criteria that must be met to receive the guardianship payment? In the light of changing demographics and family units, is the Government considering changing the criteria? The Law Reform Commission is considering the issue of guardianship and the specific matter I raise may be examined.
Quite a number of my constituents have been affected and the situation is causing much distress. It is not good for the child either, as he or she feels vulnerable upon becoming aware, as children often do, that his or her family is facing financial difficulties. Grandparents apply for but do not receive this payment, despite effectively being the children's full-time carers.
I have read letters from social welfare officers who cited instances in which a child had received a present from a parent, which implies contact, in deciding that the grandparents did not meet the criteria. While the children in question are living with their grandparents, having some contact with their parents, even if they are weaning themselves off drugs, is good. It is a difficult issue, to which there are varying responses from social welfare officers around Dublin. It would be helpful, therefore, if we could bring some clarity to it. There is some discretion, which may be helpful, given that the criteria are so strict and do not quite meet the circumstances I have outlined. However, it is the criteria stipulated in the legislation that probably need to be changed.
I ask the Minister to ensure the criteria governing guardianship payments are flexible enough to ensure support reaches those for whom the benefit was intended and that people do not lose out on this essential payment owing to what I would call an inflexible bureaucratic approach to the issue. It is very much a human story where children are living with their grandparents and being looked after effectively and well but the grandparents are not receiving the financial support, even though they are the guardians. I look forward to hearing the response of the Minister of State.
I thank the Senator for raising this matter on the Adjournment and which I am taking on behalf of my colleague, the Minister for Social and Family Affairs, Deputy Hanafin.
The original orphan's allowance scheme was set up in 1935 to support orphans where both parents were deceased. The definition of "orphan" has broadened considerably since. In 1995 it was extended to allow a claim on behalf of a child with both parents alive and known. The guardian's payments scheme currently allows 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 him or her. The child must live with the claimant who must be responsible for his or her care. The payment must benefit the child.
Section 2(1) of the Social Welfare (Consolidation) Act 2005 defines an orphan as a qualified child: (a) both of whose parents are dead, or (b) one of whose parents is dead or unknown or has abandoned and failed to provide for the child, and (c) the other parent is unknown or has abandoned and failed to provide for the child, and 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 to establish if the conditions of entitlement are fulfilled. The social welfare inspector completes a report on all relevant issues, which report is referred to a deciding officer to assist with the making of a decision on the claim.
Each case is decided based on individual circumstances. The previous and continuing level of contact with the child and the level of the parents' involvement in the welfare of the child are among the factors taken into account in determining if the legislative provision relating to abandonment and failure to provide is satisfied. If so and if either parent or step-parent had worked at any time and paid PRSI for 26 weeks, the child is entitled to the contributory guardian's payment. This may be paid in respect of 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 the child is in full-time education.
Non-contributory guardian's payment is a payment for eligible children not entitled to the contributory payment. The means test for the payment is based on the child's means. Payment is made to the child's guardian up to the child's 18th birthday or 22nd birthday, if the child is in full-time education. The rate for guardian's payment — contributory and non-contributory — is €176.50 per child per week.
I welcome the fact the Minister of State has stated each case is decided based on individual circumstances. He also stated "the level of the parents' involvement in the welfare of the child" forms part of the criteria. Will he bring to the attention of the Minister for Social and Family Affairs that in some areas any contact with the child — as I stated, even the giving of a present to the child who, effectively, is with the grandparents on a full-time basis — is being used as a reason to declare the grandparents ineligible? It involves the interpretation of the level of the parents' involvement and contact. I ask the Minister of State to go back to the Minister for Social and Family Affairs on the issue and ask that guidelines be issued in this regard. While it is not nice to say, many of these children are, effectively, abandoned by their parents, but there are attempts to maintain some contact. However, the grandparent then risk losing the payment and are being put in a difficult position in trying look after the child.
I will bring the Senator's contribution to the attention of the Minister for Social and Family Affairs with a view to having clarity brought to the issue.