No legal guardian- no college grant

queenie2

Hi all,
My daughter is just finishing up first year of degree course in Cork.
She was in receipt of full maintenence grant of some 3,000 euro for the year- from the V.E.C.

I am a stay at home mother with no income apart from child benefit.
I have an 18 year old son and a 9 year old with special needs.

I have been co-habiting with my partner for many years.
He earns in the region of 31,000 per year. He has recently had is working week reduced to 3 days.

My daughter applied to the V.E.C to have her grant re-assessed in light of the new financial circumstances at home.

She was asked if my partner was her 'legal guardian' if it was 'on paper' for the auditor's when they 'come down' to check that 'everything is done right'...she was in shock as he is not her legal guardian on paper.

I am sole guardian ,but have no income( as it would be illegal to claim benefits while co-habiting) We rely on my partners income and he claims tax and F.I.S in respect of each of us( which he is entitled to do) and he has never been asked by the Department of Social Welfare or the Revenue Dept. if he is 'down on paper' as legal guardian.

It has never been an issue , until now. I feel very upset that I need to have 'a name' on paper to allow my daughter to avail of maintenence grant for college. My partner said he would most certainly apply for legal guardianship if it will ease the situation ,but I am fuming, we are both embarrassed and shocked that we had to discuss this with a stranger. why should I be forced to do this? We never really discussed him applying for guardianship..

If I applied for my daughters grant as sole guardian, I have no income- so she would receive it no problem..I don't understand why they would be asking for something I consider to be a private and sensitive issue. I thought the maintenence grant was based on income and means test etc..not legal guardians..

We filled out all the forms and gave them access to all information. She completed a PLC course prior to college and recieved a small grant for this. She was never asked who her 'legal Dad' was then..so why now..?

Anyway , sorry for rant an spelling! bashing the keyboard here...feel free to throw comments my way...

snappieT

Forgive me, I'm confused. If he is not her legal guardian, then this has nothing to do with him at all, the income is based on your earnings only (presuming she is under 23). What exactly is the problem?

queenie2

You are confused?....me too...the problem?....as I explained already in my initial post...He is her Father has been for 20 years..has been living with us and parenting her for 20 years...his name is on the birth cert but we never married... The Revenue, and Department of Social Welfare ( Family Income Supplement) have never asked for it in writing that he is her 'Father' he works ,always has, and claims for us as a family with regard to his tax, no problems there....
You say he has nothing to do with her? What do you mean?..The V.E.C asked who resides in the house, he supplied every document, mortgage,bills,payslips,revenue statements,etc, as did I,...they gave her two previous grants...she is entering into second year in college this September and suddenly they need to see it on paper....that he is legally her Dad...

So, she is 20 ..doesn't need a guardian...so no grant..of course if I was to lie and claim a social welfare benefit that I am not entitled to...then she will get the grant no problem...as she would qualify based on my welfare payment...as I am her legal guardian..

I resent you saying he has nothing to do with her..he has everything to do with her...he is her Father...just not on paper..except her birth cert..which has no legal implications at all..so will not suffice...perhaps a paternity test will suit the VEC...

Plenty of people co-habit..plenty of children have Dad's/Mum's living with them, contributing hand's on in every way..fulltime...but may not have applied to be an official guardian..so anyone reading this..get it done..before child is 18..Form S.I No. 5 -Guardianship of Children Regulations, 1998. Costs 6 euro to have a commissioner for oaths ( every town has at least five of them) sign it..job done..

Regards to all

MarkR

queenie2 wrote: »

I resent you saying he has nothing to do with her..he has everything to do with her...he is her Father...

I wouldn't get resentful about it, your post didn't mention that he was her father.

Strange situation all right, I would have thought that it wouldn't require your average nuclear family to get grants, I would have assumed that it would be treated as a household, rather then strict family organisation.

Is a father not always a legal guardian simply because he isn't married? Wouldn't he be a common law spouse?

irishgrover

Hi Quennie2, in fairness, it's not at all obvious from your initial post that your partner is your child's father..
there is a thread on Unmarried parents and guardianship here that might be of some help.... best of luck..