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Social Welfare Eligibility

Dáil Éireann Debate, Thursday - 24 October 2024

Thursday, 24 October 2024

Ceisteanna (252)

Bernard Durkan

Ceist:

252. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of a review for guardian's payment in the case of a person (details supplied); and if she will make a statement on the matter. [43850/24]

Amharc ar fhreagra

Freagraí scríofa

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 under 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.

It was decided on the 14th August 2024 that the person concerned was not entitled to a guardians payment in respect of her grandchild. The care arrangements in place are not considered to constitute parental abandonment on the part of her grandchild, and as such the child cannot be considered an orphan in accordance with the provisions governing the scheme. The Deciding Officer has carried out a review of the decision and the outcome remains the same. A letter to that effect has issued to the person concerned.

As the person concerned has appealed the decision of the Deciding Officer, her claim and notice of appeal, has been referred to the Independent Chief Appeals Officer for consideration. The Chief Appeals Officer operate independently of my Department. The Independent Chief Appeals Officer will contact the person concerned directly regarding the outcome of her appeal.

I trust this clarifies the matter for the Deputy.

Roinn