Guardian's Payment (Contributory)
Internal Guidelines used in processing claims
Table of Contents
PART 1: ENTITLEMENT
Description of Scheme
Information Leaflet
Legislation
Administration
QUALIFYING CONDITIONS SUMMARY
QUALIFYING CONDITIONS IN DETAIL
Orphan
Guardian
Social Insurance Contribution Condition
Death Benefits under the Occupational Injuries Benefit Scheme
Entitlement under EU Regulations and Bilateral Agreements.
EU Legislation
General
DISQUALIFICATIONS
Imprisonment
Late Claims
RATES STRUCTURE
EXTRA ALLOWANCES/BENEFITS
Fuel Allowance
Family Income Supplement
Bereavement Grant
Supplementary Welfare Allowance
OVERLAPPING PROVISIONS
PART 2: CLAIMS, INVESTIGATION AND DECISION PROCEDURES
Claims
Late Claims
Documentation
Offences
Investigation of Claim
Decisions
Appeals
PART 3: PROCEDURES FOLLOWING AWARD
Payment Date
Payment Methods
Duration of Payment
Claim Maintenance
Lost/Stolen Book/ Cheque action
Payment to an agent
Change of Post Office/Bank, Method of Payment or Change of
Address
Absence from the State
Illness/Hospital Stays
Imprisonment
Certification of ongoing entitlement
Review
Suspension/Revocation/Reduction of Payment
PART 1: ENTITLEMENT
Description of Scheme:
Guardian's Payment (Contributory) is an insurance based payment which is made in respect of an orphan or orphans.
The scheme was introduced on 1 January 1936 and was called Orphan's (Contributory) Allowance. In July of 2006 the name was changed to Guardian's Payment (Contributory).
Information Leaflet:
Guardian's Payment (Contributory) & Guardian's Payment (Non contributory) SW 115
Legislation:
The main provisions relating to Guardian's Payment (Contributory) are contained in Chapter 19 (Part 2) of the Social Welfare (Consolidation) Act 2005 as amended.
Administration:
The Guardian's Payment (Contributory)scheme is administered by the Social Welfare Services Office, College Road, Sligo.
QUALIFYING CONDITIONS SUMMARY
(i) The person in respect of whom the allowance is claimed must:
- be an orphan
- be under 18 years of age, or under 22 if in full time education.
- not be in the care of the Department of Health and Children as a Foster Child.
(ii) a social insurance contribution condition must be satisfied on the record of the parent or step parent of the orphan
(iii) The person claiming the allowance must be
or
- person with responsibility for care of the orphan
or
- in exceptional circumstances,the orphan,where s/he is aged 18 and under 22, in full time education, and not normally residing with a guardian.
QUALIFYING CONDITIONS IN DETAIL
Orphan:
A child is regarded as an orphan if:
- both parents are dead, or
- one parent is dead or unknown or has abandoned and has failed to provide for the child, and the other parent is also unknown, or has abandoned and failed to provide for the child, provided that the child is not normally residing with a parent, adoptive parent or step parent.
The child must be:
- under the age of 18 years, or
- over the age of 18 years and under the age of 22 and be receiving full time education by day at any educational establishment. The period may be extended to the end of academic year (June) of the year in which the child reaches age 22.
A reference to parent above includes an adoptive parent.
A Guardian's Payment (Contributory) is not payable for any period during which a payment is made under Article 14 of the Child Care (Placement of children in Foster Care) or (Placement of children with Relatives) Regulations, 1995.
Guardian:
A guardian is a person in whose care the orphan normally resides and who is responsible for the care of the orphan. The payment is payable to the orphan's guardian. A guardian may have already been appointed by the courts. However, where there is no legally appointed guardian, Guardian's Payment (Contributory) may be paid to the person with whom the orphan resides and who is responsible for the care of the orphan and where the payment will be used for the benefit of the orphan.
Where the orphan is attending a full time education course,is aged between 18 and 22 years of age, is not residing with or in the care of a guardian, the payment may be paid directly to him/her.
Social Insurance Contribution Condition
There must be 26 weeks social insurance contribution (PRSI) paid at any time prior to date of claim by a parent or step parent.
PRSI contributions reckonable for Guardian's Payment (Contributory) are Classes A,E,F,G,H,N and S as well as Classes
B,C, and D paid by permanent Civil and Public Servants.
Note for Information
The following contributions are reckonable for Guardian's Payment (Contributory):
Insurance prior to 1936: Social Insurance contributions paid under the National Health Insurance Acts before 1936.
Insurance prior to 1953: Social Insurance contributions paid and credited under the Widow's and Orphan's Pensions Act 1935 to 1952.
Every two contributions prior to 1953 are counted as three contributions, and any odd contribution is counted as two.
Insurance contributions between 1953 and 1979: Most contribution classes paid in this period, including those paid for permanent and pensionable civil and public servants.
From April 1979: PRSI contribution classes A,E,F,G,H N and S as well as Classes B, C and D paid by permanent Civil and Public Servants. ( PRSI was introduced in April 1979)
Voluntary Contributions: Contributions payable on a voluntary basis.
Self Employed Insurance Contributions: payable since 6 April 1988 are also reckonable.
Death Benefits under the Occupational Injuries Benefit Scheme
Where the parent, step parent or the person who supported the child/ren dies as a result of an accident at work or from an occupational disease, a separate pension is payable. This is a Survivor's Benefit (Orphan's Pension) which is payable at a higher rate than the Guardian's Payment (Contributory). However, both payments are not payable concurrently.
See separate guideline "OCCUPATIONAL INJURIES BENEFIT, Death Benefit" for more detail.
Entitlement under EU Regulations or Bilateral Agreements.
Where the Irish social insurance record of a parent or step parent is not sufficient to establish entitlement to Guardian's Payment (Contributory), it may be combined with reckonable social insurance in countries covered by EU Regulations or countries with which Ireland has a Bilateral Social Security Agreement. A minimum of one Irish social insurance contribution must have been paid before Irish and foreign insurance records can be combined to give entitlement to Guardian's Payment (Contributory). The payment would be payable
at the full rate.
If an orphan with an entitlement to Guardian's Payment (Contributory) takes up permanent residence in another country covered by EU Regulations or a Bilateral Agreement, payment of Guardian's Payment (Contributory) becomes the responsibility of the country of residence. However, if there is no entitlement to Guardian's Payment (Contributory) in the new country of residence, payment will continue to be made by Ireland. Where there is entitlement to Guardian's Payment (Contributory) in the new country of residence but at a lower rate of payment than Irish Guardian's Payment (Contributory), a supplement will be paid by Ireland to top up the payment in the other country, to the Irish rate of payment.
EU Legislation
EU pension/allowance schemes are governed by Council Regulation (EEC) No 1408/71 and No 574/72, as amended. Bilateral Agreement pensions are governed by formal agreements with the relevant countries which are contained in statutory instruments.
Countries Covered by EU Regulationa
- Austria
- Belgium
- Bulgaria
- Czech Republic
- Denmark
- Finland
- France
- Estonia
- Greece
- Hungary
- Iceland
- Ireland
- Italy
- Latvia
- Liechtenstein
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- Lithuania
- Luxembourg
- Malta
- Netherlands
- Norway
- Portugal
- Romania
- Republic of Cyprus
- Slovenia
- Spain
- Sweden
- United Kingdom*
|
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*Excluding the Channel Islands and the Isle of Man
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Countries with which Ireland has a Bilateral Social Security Agreement:
Australia Quebec
Canada Switzerland
New Zealand United States
Republic of Korea
General
A person should normally make a claim for Guardian's Payment (Contributory) in the country of residence. A person living in Ireland should therefore apply for the allowance to the Department of Social Protection. If the claimant indicates that a parent or step parent was insured* in an EU country or a country with which Ireland has a Bilateral Agreement, a claim to allowance, where appropriate, is made by the Department on the claimant's behalf in that country. The date of claim in Ireland is taken as the date of claim by the other country.
This same procedure applies in reverse if the claim to pension is made in another country but the person has social insurance contributions in Ireland.
However, only one Guardian's Payment (Contributory) is payable and that is usually by the country of residence. Please see above regarding responsibility for payment of Guardian's Payment (Contributory) and top up payments.
* Note: In certain countries, residence alone provides cover for social insurance
DISQUALIFICATIONS
Imprisonment:
A Guardian's Payment (Contributory) is not payable in respect of a child who is undergoing penal servitude, imprisonment, or detention in legal custody, including detention in a Young Offenders Centre. Payment of pension may resume when the child is released, provided s/he continues to satisfy the qualifying conditions.
Where the guardian or other person with responsibility for the care of a child is disqualified from payment of Guardian's Payment (Contributory) by virtue of penal servitude, imprisonment, or detention in legal custody, payment of the pension may be made to some other person for the benefit of the child.
See Part 3 below and separate guideline on "Payment Methods" for more detail on payment arrangements while imprisoned.
Late Claims
A claim to Guardian's Payment (Contributory) should be made within three months of the date of entitlement. A person may be disqualified from receiving payment for any period more than 12 months before the date on which the claim is made. Payment may be further extended beyond 12 months on a proportional basis.
See Part 2 below and separate guideline on "Claims and Late Claims" for more detail on circumstances where payment may be backdated further.
RATES STRUCTURE
Payment is made up of a personal rate in respect of each qualified orphan.
See the Rates Booklet SW 19 which is issued annually for the current rates of payment.
EXTRA ALLOWANCES/BENEFITS
A person in receipt of a Guardian's Payment (Contributory) may be entitled to the following benefits/allowances:
Fuel Allowance:
A Fuel allowance is payable from mid-September to mid-April, to assist persons with heating costs. Entitlement to Fuel allowance is subject to certain conditions, including that a person lives alone or with certain specified persons and that the household satisfies a means test. Only one allowance is payable per household.
See separate guideline on "National Fuel Schemes" for more detail.
Family Income Supplement:
This supplement is payable to persons who are working for an employer and on low income. Certain conditions apply in relation to hours of work, duration of employment. A means test also applies and Guardian's Payment (Contributory) is not assessable as means.
See separate guideline on "Family Income Supplement".
Bereavement Grant:
A Bereavement Grant is payable on the death of an orphan in respect of whom a Guardian's Payment (Contributory) is payable.
See also separate guideline on "Bereavement Grant" for more details.
Supplementary Welfare Allowance:
A person may qualify for additional payments under the Supplementary Welfare Allowance scheme from the Health Service Executive e.g. Rent or mortgage interest subsidy, Diet Supplement, Exceptional Needs Payments, Medical Card etc.
See separate guideline "SWA Guidelines" and other guidelines on Supplementary Welfare Allowance for further details.
OVERLAPPING PROVISIONS
i) A guardian may be in receipt of any payment made by the Department of Social Protection in their own right and still receive Guardian's Payment (Contributory) in respect of any child/ren residing with them.
Increase for a Qualified Child (IQC) is not payable however in respect of any child/ren for whom Guardian's Payment (Contributory) is in payment.
ii) A child in respect of whom Guardian's Payment (Contributory) is being paid may also receive (subject to the normal qualification conditions) one of the widow's or one parent family payments listed at A below OR one of the short term benefits listed at B below. He or she may not receive one of the short term benefits in addition to a widow's or one parent family payment. He or she may also receive a Blind Pension, if entitled in his/her own right, but may not receive any of the payments listed at B below in addition to the Blind Pension.
A:
- Widow's or Widower's (Contributory) Pensions,
- Widow's or Widower's (Non Contributory) Pensions,
- Death Benefit (Occupational Injuries) by way of Widow's,
- Widower's or Parent's Pension
- One Parent Family Payment
- Persons who are in receipt of a relevant payment under section 18 of the 1996 Act, i.e. Deserted Wife's Benefit or Allowance or Prisoner's Wife's Allowance.
B:
- Adoptive Benefit
- Illness Benefit,
- Health and Safety Benefit,
- Occupational Injury Benefit,
- Maternity Benefit,
- Incapacity Supplement or
- Jobseeker's Benefit
See separate guideline on "Overlapping Payments" for more details.
PART 2: CLAIMS, INVESTIGATION AND DECISION PROCEDURES
Claims
Under Social Welfare legislation there is an onus on a person to apply to the Department for Guardian's Payment (Contributory), if s/he believes that there may be such an entitlement. The Guardian's Payment (Contributory) claim form GP1 should be completed in full and signed by the claimant in all cases. Where the claimant is not able to sign claim form, her/his mark instead of signature must be witnessed.
The Personal Public Service Number(s) (PPS No.) of the orphan's parents or step parents should be stated, if known. If the PPS No. is/are not known, details of former employment should be given.
The claimant should forward relevant documentation as indicated below with the signed claim form. However the documentation may be sent to the Department after the initial claim is made, if not immediately available. This may cause some delay in processing the claim as a Deciding Officer may not be in a position to decide on entitlement until all relevant documentation has been received in the Department.
An acknowledgement of claim is issued on receipt of the claim. The claim reference is quoted and the claimant is asked to quote same in any future contact with the Department with regard to the Guardian's Payment (Contributory).
A person may, depending on financial circumstances, claim Supplementary Welfare Allowance, while awaiting a decision on
entitlement to Guardian's Payment (Contributory).
Late Claims
A claim to Guardian's Payment (Contributory) should be made within three months of date of entitlement. A person may be disqualified from receiving payment for any period more than 12 months before the date on which the claim is made.
If a claim for Child Benefit or a claim for Increase for a Qualified Child (IQC) was made by the guardian at any time, that will be accepted in lieu of a claim at that time to Guardian's Payment (Contributory) and, in the absence of indications to the contrary, as sufficient evidence of guardianship.
In the rare case where there was neither claim to Child Benefit or IQC, proportional payment will be made from the date the child came to live with the current guardian, provided this date and the other relevant conditions can be satisfactorily verified.
(See Claims and Late Claims Guidelines for more details of
proportional payments and other circumstances where a late claim may be accepted).
If, in the unlikely situation that there is no claim to Child Benefit in place and independent verification of the date the child came to live with the guardian cannot be provided, the claim will be awarded from the current date.
Documentation
A person claiming Guardian's Payment (Contributory) is required under social welfare legislation, to produce certificates, documents, information and evidence required, including the original long version of orphan's Birth Certificate, parent's Marriage and (where appropriate) Death Certificates, and any other supporting documents relevant to their claim. A claim cannot be awarded until necessary documentation has been provided.
Offences
It is an offence for a person to knowingly make a false or misleading statement or to provide documents or information which s/he knows to be false in some respect for the purpose of obtaining or establishing entitlement to Allowance. A person found guilty of such an offence could be liable to a substantial fine or a term of imprisonment of up to 12 months or both. Any overpayment of Guardian's Payment (Contributory) would also be repayable to the Department.
Investigation of Claim
The insurance contribution record of the person concerned is inspected by a Deciding Officer to establish if the social insurance contribution qualifying conditions are satisfied.
Insurance contribution records are held by the Central Records Section of the Department. However, social insurance records for periods prior to 1979 for persons employed by Government Departments and semi State bodies are held by the employer. Foreign social insurance records are held by the Social Security Department in the relevant country.
Where a query arises or where additional information or clarification is needed regarding any aspect of a person's claim, further enquiries are made, usually by correspondence or phone contact with the claimant. Occasionally it may be necessary to ask a Social Welfare Inspector to contact the claimant or a former employer. This would generally arise where there was difficulty establishing an insurance record in respect of the orphan's parents or step parents.
Claims may also be referred to a Social Welfare Inspector in order to investigate and report on the circumstances of the case. The Social Welfare Inspector reports on the following:
- if the child(ren) can be regarded as orphaned within the meaning of the legislation
- guardian or person with responsibility for the care of the orphan and the normal residency of the orphan
- any other relevant information
When all the relevant information is obtained the file is referred to a Deciding Officer for decision.
Decisions
Claims are decided by Deciding Officers appointed by the Minister under Section 300 of the Social Welfare (Consolidation) Act 2005. They are independent in the exercise of their function in deciding on entitlement to Guardian's Payment (Contributory).
A written notification of the decision is issued to the claimant. Where claims are disallowed, the claimant is given an explanation of the basis for the decision and also given the right of appeal.
Claimants are advised of their right of appeal against a Deciding Officer's decision. The appeal must be lodged within 21 days of the date of notification of the decision on their claim.
Any decision of a Deciding Officer may be subsequently revised by a Deciding Officer in the light of new information or evidence. This could arise where new information is made available as part of an appeal by the claimant. In such circumstances, a Deciding Officer may revise a decision on entitlement, if it is to the advantage of the claimant. There is also a right of appeal against a revised decision.
See also separate guidelines on "Decision Making" and "Revised Decisions".
All award notifications advise the claimant of circumstances which could affect continued entitlement to the payment and request the claimant to advise the Department of any such changes in circumstances.
Any certificates or documents which have been submitted in support of the claim are returned with the decision notification.
Appeals
If a claimant is not satisfied with the decision of a Deciding Officer s/he can appeal directly to the independent Social Welfare Appeals Office. An Appeals Officer can decide the
matter summarily or may deal with the case by way of an oral hearing. An appeal should be lodged within 21 days of receipt of the decision, outlining the grounds for appeal.
A statement is prepared on the facts relied on by the Deciding Officer in the making of a decision on entitlement to pension and on the extent to which the facts and contentions advanced by the appellant are admitted or disputed. This statement is put before the Chief Appeals Officer.
PART 3: PROCEDURES FOLLOWING AWARD PAYMENT METHODS
Payment Date
Guardians Payment (Contributory) is payable weekly in advance. The payment day is Friday. This also applies to the payment of increases or allowances.
Payment Methods
Persons living in the State have the option of having Guardians Payment (Contributory) paid by one of the following methods:
- Electronic Fund Transfer: Payable 1 week in advance directly into a Bank, Building Society or An Post Savings Account. Payment in this way has a number of advantages: the payment is lodged to the bank on the day of payment; the pension is more accessible; and you avoid delays and queues.
- Electronic Information Transfer: Payable weekly using a Social Services Card at a chosen Post Office.
- Arrears: Any arrears of payment due may be included in the normal method of payment or paid by cheque.
A person may request a change of payment method or to change nominated Post Office, Bank, etc. This can be done by notifying the Department in writing.
In certain circumstances, a person can be paid by Book at a nominated Post Office (i.e. Personalised Payable Orders) by notifying Guardians Section in writing.
Persons living outside the State have the option of having Guardians Payment (Contributory Pension) paid by one of the following methods:
- Electronic Fund Transfer to an account in the State ‑ payable weekly in advance into a Bank, Building Society or An Post Savings Account.
- Electronic Fund Transfer to an account outside the State, usually in the currency of residence and payable every four weeks (one week in advance and three weeks in arrears) into a relevant financial institution.
A person may change nominated account, bank etc., by notifying the Department.
Duration of Payment
Guardian's Payment (Contributory) is payable for as long as the qualifying conditions are satisfied.
Claim Maintenance
Stop dates are inserted onto the Department's computerised payment system to ensure that Guardian's Payment (Contributory) is discontinued when the child ceases to be a dependent i.e. at age 18 or if in full time education, the date the child ceases full time education or age 22, whichever is the earliest. (If a child reaches the age of 22 during the school year, the allowance continues to be payable to the end of that school year)
Lost/Stolen Book/ Cheque action
When a book of payable orders or one or a number of orders, or a cheque from the Department is lost or stolen, it should be reported to the Department immediately. The Gardai and the Post Office of payment should also be notified of any such loss or theft.
See separate guideline on "Payment Methods" re action to be taken when a book of payable orders or cheques are reported as lost or stolen.
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Lost/Stolen EIT card
Lost or Stolen EIT cards should be reported immediately to Guardians Section where the current EIT card will be cancelled and a replacement issued.
Payment to an agent
A person who is unable to cash their payable order book may nominate another person to collect the payment on their behalf.
See separate guideline on "Payment Methods" for more details in relation to appointment of an agent.
Change of Post Office/Bank, Method of Payment or Change of Address
The Department should be notified as soon as possible by telephone or in writing. See separate guideline on "Payment Methods" for more details.
Absence from the State:
Guardian's Payment (Contributory) is payable outside the State, provided that where the allowance is paid to a guardian or other person with responsibility for caring for an orphan, the orphan continues to reside with the guardian or other person. A person should notify the Department of the date of departure and his/her new address, if the absence is for more than a few weeks duration. In such a case, if paid by payable order book, the book should be returned to the Department and arrangements will be made to re issue payment by Electronic Fund Transfer directly to the persons bank account in the State or outside the State, as requested. If paid by EIT, the payment can be collected as usual, provided that 60 days have not elapsed from the date the payment is due.
See also at Part 1 above regarding entitlement to Guardian's Payment (Contributory) in accordance with EU Regulations and Bilateral Agreements and responsibility for payment of the allowance outside of the country.
See separate guideline on "Payment Methods" for more details.
Illness/Hospital Stays
Arrangements may be made for payment of Guardian's Payment (Contributory) where a person is too ill to attend the Post Office to cash payable orders, or is in hospital. See separate guideline on "Payment Methods" for more details.
Imprisonment
If the guardian or other person with responsibility for care of the orphan and to whom Guardian's Payment (Contributory) is in payment, is undergoing penal servitude, imprisonment or detention in legal custody, the allowance may be paid to another person, for the benefit of the orphan, or directly to the orphan where the orphan is over 18 years of age.
If the orphan is undergoing penal servitude, imprisonment or detention in legal custody, including detention in a Young Offenders Centre, the Guardian's Payment (Contributory) is not
payable to or in respect of the orphan.
See separate guideline on "Payment Methods" also.
Certification of ongoing entitlement
Social Welfare legislation puts an onus on a person to notify the Department of any changes in circumstances which affect entitlement to Guardian's Payment (Contributory). The onus is on the guardian (or the person to whom the allowance, including the orphan if over age 18, is payable) to notify the Department of any changes in circumstances which may affect entitlement.
On being notified of an award of Guardian's Payment (Contributory), a person is issued with a list of circumstances which could effect continued entitlement to the payment. The person is requested to advise the Department of any such changes in circumstances.
In addition, persons are advised on an ongoing basis of circumstances which must be notified to the Department as follows:
Persons paid by payable order book: On the inside of the first page of the order book are "Instructions for cashing Orders". In the last few pages of the book is a list of some of the circumstances and events of which the Department must be notified about.
The person's signature on the payment book is to the effect that s/he has read and fully understands these instructions and obligations.
The following are some circumstances and events which may affect a person's entitlement to the allowance:
- Change of address
- Change of Post Office/Financial Institution
- Death of claimant or orphan
- An orphan no longer living with or being maintained by claimant.
- An orphan who reaches 18 years (or between 18 and 22) and not continuing in full time education.
- Imprisonment or detention of claimant or orphan
- Claimant or orphan leaves the State.
- Child ceases to be an Orphan as defined by current legislation and guidelines.
- Foster Care or Relative Foster Care Allowance commences to be paid in respect of the child
- Orphan returns to live with parent/s or parent/s commence residence with the child.
Failure to notify the Department of any of the above events may result in overpayment of Guardian's Payment (Contributory) which may be recoverable from the recipient by way of lump sum repayment or deductions from weekly payment.
See separate guideline on "Overpayment Recovery" for more detail.
It may equally result in an underpayment of Guardian's Payment (Contributory) e.g. where an orphan between age 18 and 22 is continuing full time education and certification of continuing attendance at full time education has not been sent to the Department. The effective date of payment of any underpayment due would normally be decided by reference to legislative and other provisions in relation to late claims see at Part 2 above.
Review
A review is initiated when the Department is notified of any change in circumstances which may affect entitlement. This review may be carried out by way of a visit from a Social Welfare Inspector or by direct correspondence or phone contact with the person.
Periodic reviews are also initiated by the Department to confirm that the qualifying conditions for receipt of Guardian's Payment (Contributory) continue to be fulfilled.
Suspension/Revocation/Reduction of Payment
Payment of Guardian's Payment (Contributory) will be discontinued if the qualifying conditions are no longer satisfied e.g. where orphan is no longer living with and being supported by the claimant, where there is no longer any entitlement in respect of an orphan aged 18 to 22 who has ceased full time education or child ceases to be an orphan.
Depending on the circumstances of the case, the Deciding Officer may, having established the facts of the case, consider it necessary to write to the claimant outlining the reasons why it is deemed that they no longer appear to satisfy the conditions for receipt of allowance currently in payment. The claimant will be given 21 days in which to comment. If new evidence or fresh information is advanced by the claimant, the Deciding Officer will re examine the case. If, however, no new information is advanced or that advanced is considered by the Deciding Officer to have no material bearing on the case, the Deciding Officer will make a decision revoking the allowance. There will be a right of appeal against this decision, as referred to already in this guideline.
Also, where initial enquiries with a claimant including written communication, fail to establish the facts as required, payment of the allowance may be suspended until the relevant information has been provided by the guardian or a person acting on their behalf.
See also separate guidelines "Decision Making" and "Revised Decisions" in relation to principles of Natural Justice and revised decisions.
If an overpayment of allowance has occurred it may be recoverable by the Department. See also separate guideline on "Overpayment Recovery".