A Guardians 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 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. A guardian's payment is not payable in respect of a child for whom a Foster Care Allowance is being paid.
Application forms for Guardians Payment can be downloaded directly from my Department's website www.welfare.ie (at the following link: www.welfare.ie/en/pdf/gp1.pdf).
I hope this clarifies the matter for the Deputy.