Dáil Éireann Debate, Tuesday - 10 November 2015
118. Deputy Derek Nolan asked the Tánaiste and Minister for Social Protection the number of children whose legal guardians are deemed eligible for orphan payment of €161; if she could provide a tabular breakdown on the age and location of these children; and if she will make a statement on the matter. [39459/15]
View answerThe payments referred to by the Deputy were introduced in 1936 and were then known as Orphan’s Contributory Allowance and Orphan’s Non-Contributory Allowance. In July 2006, they were re-named guardian’s payments (contributory and non-contributory) in recognition of the fact that the original remit of the schemes had been extended to include children other than those who had lost both parents through bereavement.
Guardian’s payment (both contributory and non-contributory) is payable in respect of a child who satisfies the definition of an “orphan” under social welfare legislation, where the qualifying conditions are satisfied.
Social welfare law defines a “guardian” as “the person in whose care an orphan normally resides”. There is no requirement under social welfare legislation for a person applying for a guardian’s payment to be appointed the legal guardian of the child concerned.
Equally, the fact that a person has applied to the Courts to be appointed as the child’s legal guardian does not automatically imply that they are entitled to guardian’s payment from the Department of Social Protection. That fact, along with all of the other evidence in the case, will be considered by the Deciding Officer when making their decision as to whether or not the qualifying conditions for guardian’s payment are satisfied.
The Department does not collect or retain statistics on the number of applicants for guardian’s payments who have been appointed as legal guardians by the Courts and so the information sought by the Deputy is not available.
