The foster care allowance can be paid only in respect of children who are taken into the care of the health board and placed in foster care under the Child Care (Placement of Children in Foster Care) Regulations 1995, or in relatives' care under the Child Care (Placement of Children with Relatives) Regulations 1995. I understand that under the regulations it is possible for a health board to place a child with relatives in an emergency. However, the board must ensure that its regulatory obligations regarding the assessment of the child's and relative's needs are carried out as soon as practicable and that it conforms to all the other obligations regarding care plans and reviews.
Issues of foster care are a matter for the Department of Health and Children and the health boards, and any question of extending payment of the allowance in circumstances other than those which currently apply are a matter for that Department. The orphan's contributory allowance and orphan's non-contributory pension, paid by my Department, provide income maintenance in situations such as that raised by the Deputy, subject to certain qualifying conditions. The definition of an orphan for the purpose of these payments was extended in 1995 to include children where one or both parents are alive but have abandoned or refused or failed to provide for them. This expansion of the definition was a response to changes in family and social circumstances.
The weekly rate of the orphan's contributory allowance and maximum rate of orphan's non-contributory pension, which is paid to the child's guardian, is €107 per week. This is substantially higher than other payments made by my Department in respect of children. The highest rate of child dependant allowance is €21.60 per week. The foster care allowance is set at a rate of €289.50 per week for a child under 12 years of age, and €316.50 per week for children of 12 years and over.
The two payments have significantly different objectives and purposes. The orphans' payments, paid by my Department, are designed as income support measures while the foster care allowance is a very different type of payment which responds to very specific child care needs and the additional challenges faced by foster carers. There are no plans to change the present arrangements in this regard. I will keep the matter under consideration, taking account, inter alia, a review of these payments which was published by my Department in 2003.