Social Welfare Consolidation Act 2005 section 171

Payment of pension

Section 171 establishes who receives the guardian's payment (non-contributory) and when the Minister may redirect it.

• The guardian's payment (non-contributory) is normally paid to the guardian of the orphan for whom the payment is intended.
• A "guardian" is defined as the person with whom the orphan usually lives, rather than necessarily a legally appointed guardian.
• The Minister has discretion to redirect the payment to another person if this would benefit the orphan.
• Orphans aged 18 or over who do not live with a guardian may receive the payment directly, subject to prescribed conditions.