Social Welfare Rights: Guardian’s Payment Non-Contributory - Case Study 2015

By nclcadmin, Monday, 9th November 2015 | 0 comments
Filed under: Case Studies 2015, Social Welfare.

Background

The case concerns our client’s claim for Guardian’s Payment (Non-Contributory), formerly Orphan’s (NonContributory) Allowance, in respect of her grandchild. The client applied for Guardian Payment twice and these applications were refused.

The client applied for the third time in May 2014. This application was rejected on 1 July 2014 and our client sought a review of the refusal.

CLM Northside’s input

The client subsequently attended CLM Northside and was provided with advice and representation. In March 2015, the Deciding Officer stated that our client was not eligible for aGuardian’s Payment as her grandson did not satisfy the definitionofanorphanandthereforethereviewwas refused. CLM submitted a Notice of Appeal in respect of the Deciding Officer’s decision on behalf of the client. CLM argued that as the client’s son was not in a position to care for his child, the client was entitled to Guardian’s Payment and was so entitled since she first applied.

It was asserted that our client provided full time care for her grandson and was acting in loco parentis to him and provided for all of his needs in terms of medical, financial and care needs and dealt with all decisions relevant to the child. It was further submitted that the father of the child provided no physical, emotional or financial support towards the upbringing or care of his son.

In April 2015, the Deciding Officer determined on review that our client was entitled to Guardian’s Payment with effect from 19 December 2014 on the basis that her son was not at that time residing at her address.

Impact

The client was therefore awarded €2,910 in arrears (from 19 December 2014 until 30 April 2015). The Deciding Officer further advised that an investigation into whether the client was eligible for arrears of the payment from the date of the claim would be undertaken and that the Social Welfare Appeals Office would be notified of this decision in due course.

In August 2015, CLM wrote to the Deciding Officer seeking an update as regards the entitlement to arrears. In October 2015, the Deciding Officer wrote to the Appellant confirming her entitlement to €1,972.25 (in addition to the arrears already received) in arrears of Guardian’s Payment from 26 September 2014 to 18 December 2014

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