Foster care allowances are paid in respect of children who are placed in foster care or relative care under the Child Care (Placement of Children in Foster Care) Regulations, 1995 or the Child Care (Placement of Children with Relatives) Regulations, 1995. The children in respect of whom these allowances are paid must be in the care of the health board, under the Child Care Act, 1991, either on a voluntary basis or by court order.
The responsibility for providing social work support for a family or the issue of taking a child into care under the provisions of the Act are matters for the local health board. In response to a previous parliamentary question and representations made in relation to this case, the ERHA has advised my Department that the children concerned are not in the care of the health board under the provisions of the Child Care Act and therefore they are not entitled to the foster care allowance. They have been advised of this by the South Western Area Health Board. The board has advised them that they may be entitled to claim child benefit and orphan's allowance or pension, which are paid by the Department of Social, Community and Family Affairs. They have been further advised to contact that Department on the matter.