Dáil Éireann Debate, Tuesday - 20 February 2024
97. Deputy Donnchadh Ó Laoghaire asked the Minister for Social Protection if she will review the fact that standard disregards for maintenance that apply in the means testing of other payments do not apply in the means testing of the guardians payment non-contributory. [7914/24]
Amharc ar fhreagraThe Guardians Payments scheme, first introduced in 1936, was originally called orphan’s payment. It was renamed guardian’s payment in July 2006, in recognition of the fact that the original remit of the scheme had been extended to include certain children who had not lost both parents through bereavement.
The 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 are two Guardians Payment schemes: Guardian’s payment (contributory), based on the PRSI contributions of the orphan's parents or step-parent. The Guardian’s Payment (Non-Contributory) is a non-contributory payment for a child who is not entitled to the contributory payment, which is a means tested payment, based on the child’s means. The means of the guardian, including any maintenance payments paid to them in respect of the child, are not assessed when establishing entitlement to the Guardian’s Payment (Non-Contributory). The purpose of the means test is to ensure that resources are directed to those with the greatest need for income supports by the State.
The Social Welfare and Civil Law (Miscellaneous Provisions) Bill 2023 is currently before the Oireachtas and is expected to be enacted in the coming weeks. One of the main purposes of the Bill is to give legislative effect to changes to the social welfare system, which provide that child maintenance payments will no longer be assessed as means for social welfare purposes. This covers a range of schemes including Guardian’s Payment (Non-Contributory Pension). The amendment follows from a recommendation of the Child Maintenance Review Group which was accepted by Government.
Currently guardians payment (contributory) is paid in respect of 1,575 children with guardians payment (non-contributory) paid in respect of 814 children.
I hope this clarifies the matter for the Deputy.
