Dáil Éireann Debate, Tuesday - 31 May 2022
469. Deputy Thomas Pringle asked the Minister for Social Protection the reason that a payments to guardians have been delayed as in the case of a person (details supplied) who has applied for a payment for a young Ukrainian child who fled Mariupol in Ukraine without their parents who are military police; and if she will make a statement on the matter. [27682/22]
Amharc ar fhreagraGuardian’s payments are 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 age 18 (or up to age 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.
Based on the evidence available, it has been decided that the person concerned is not entitled to a guardians payment. The care arrangements in place are as a result of a temporary, private, mutual agreement between the person concerned and the child's mother. Consequently, the care arrangement in place cannot constitute parental abandonment, and as such the child cannot be considered an orphan in accordance with the provisions governing the scheme. Guardians payment therefore is not payable.
Unaccompanied children under 18 years who are seeking temporary protection from the war in Ukraine should refer to the Child and Family Agency (TUSLA) for relevant supports, which falls under the remit of my colleague the Minister Roderic O'Gorman at the Department of Children, Equality, Disability, Integration and Youth.
A decision letter has issued to the person concerned. If they are not satisfied with the Deciding Officer's decision, they can appeal it by writing to the independent Chief Appeals Officer, D'Olier House, D'Olier St, Dublin 2.
I trust the above clarifies the matter for the Deputy.
