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An investigation into a decision by the HSE (now Tusla, the Child and Family Agency) to cease a Section 10 Payment to a family

In September 2012, a complaint was submitted to this Office by the Aunt of a young person (A), who was then aged 15 years, regarding a decision by the HSE (now provided by Tusla) to cease financial support being provided to assist her in caring for him. The aunt advised that she has been caring for her nephew since 2003. From September 2006 to November 2008, she was in receipt of a payment made by the HSE through Section 10 of the Child Care Act 1991 (Section 10 payment) and also the Orphan’s Allowance (now Guardian’s Allowance), a social payment. The complaint centres around the fact that the Section 10 payment was ceased by the HSE in November 2008 on the basis of a contention by the Social Work Department that the aunt did not inform them that she was in receipt of both payments.