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Question At Issue:
whether the appellant was entitled to payment as the child’s guardian in view of the fact that her parents were providing support.
Background:
The mother of two children (J and
E) left the family home, leaving E in the care of
J. E was a minor.
J applied for Guardian's Payment but her claim
was disallowed as the Deciding Officer held that
her mother was providing support by remitting
Child Benefit payable in respect of E, that she
visited periodically and that E was at liberty to
reside with her. Further, the Deciding Officer
referred to phone calls from E's estranged father
(who had left the family home some ten years
earlier) and occasional shopping visits, and held
that the condition as to abandonment had not
been met.
On advice from the Department of Social
Protection, J applied for and was granted direct
payment of Child Benefit in respect of E.
Further, J applied for and was granted One Parent
Family Payment with E as a qualified child.
Consideration of the Appeals Officer:
His
reading of the evidence in this case led the
Appeals Officer to conclude that both of E's
parents were effectively out of the picture and
that little or no emotional support was being
provided, with only occasional phone contact.
He noted that financial support appeared to have
been limited to the transfer of Child Benefit and a
small discretionary stipend. He observed that
there was nothing in the arrangement that he
would regard as providing familial guardianship
and that E had, in effect, been abandoned.
He noted also that the Social Welfare Inspector,
who investigated the case, had reported that she
was satisfied that J was the sole guardian for E
and that she met the conditions for receipt of
Guardian's Payment. Furthermore, J's case had
been supported by the Health Service Executive
(HSE). The Appeals Officer regarded as
important the evidence indicating that the District
Court had directed, in September 2009, that all
relevant allowances be paid to J who had day-today
control of E.
The Appeals Officer concluded that J met and
exceeded all that could reasonably be asked of
any person as guardian and, importantly, that she
could not but be considered to meet all the legal
requirements of the Guardian’s Payment scheme
and her appeal succeeded.
Outcome:
Appeal allowed.
End of Document
