Dáil Éireann Debate, Tuesday - 16 April 2013
620. Deputy Bernard J. Durkan asked the Minister for Social Protection the reason guardian payment has ceased in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [16795/13]
View answerOne of the conditions for receipt of guardian’s payment is that the child concerned must meet the legislative definition of "orphan" as contained in Section 2(1) of the Social Welfare Consolidation Act 2005:
"orphan! means 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, as the case may be, and whose other parent—
(i) is unknown, or
(ii) has abandoned and failed to provide for the child,
where that child is not residing with a parent, adoptive parent or step-parent;
During a periodic review of entitlement to guardian's payment (contributory) in respect of the person concerned, it emerged that the child's mother was caring for another child. The child concerned cannot be considered an orphan if her mother is in a position to provide for her care. The person concerned was asked to provide independent evidence to support her contention that the child satisfied the definition of an "orphan" under the legislation. As sufficient evidence has not been provided, it was decided that there is no longer entitlement to a guardian's payment (contributory). Should she be in a position to provide the required independent evidence, it is open to the person concerned to have her entitlement to this payment reviewed.
