Social Welfare Consolidation Act 2005 section 168

Entitlement to guardian's payment (non-contributory)

Section 168 sets out the conditions for entitlement to guardian's payment (non-contributory) for orphans.

• Only one guardian's payment (non-contributory) can be paid in respect of any individual orphan
• The payment is unavailable where a qualified child increase is already claimable under the widow's or widower's contributory pension or the one-parent family payment
• The payment cannot be made if payments are being made for the child under Part VI of the Child Care Act 1991 (i.e. the child is in the care of the Child and Family Agency, Tusla)
• The claimant must be habitually resident in the State to qualify