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Children's allowances.
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3.—(1) Where a person—
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(a) was, on the qualifying date in relation to a payment period for a particular region, resident in that region, and
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(b) either is an Irish citizen or was, for the two years immediately preceding the said qualifying date, resident in the State, and
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(c) was maintaining, on the said qualifying date, three or more children who are qualified children on the said qualifying date, and
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(d) has, within the prescribed time and in the prescribed manner, applied for the payment during the said payment period of a children's allowance,
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then, subject to this section, the following provisions shall have effect, that is to say—
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(i) such person, upon complying with the prescribed conditions as to identification, shall, during the said payment period, be paid, out of moneys provided by the Oireachtas, a weekly allowance calculated at the rate of two shillings and six pence for each such qualified child in excess of two,
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(ii) the right of such person to payment of such children's allowance during the said payment period shall, for the purposes of this section, be deemed to have accrued on the said qualifying date and shall not be affected by reason of any of such children, after the said qualifying date, dying, attaining the age of sixteen years or ceasing to possess any one or more of the qualifications by virtue of which he was a qualified child on the said qualifying date.
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(2) Where a person, who is entitled to be paid a children's allowance during a payment period for a region, changes his residence from that region (in this sub-section referred to as the former region) to another region, the following provisions shall have effect—
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(a) for the purposes of this sub-section—
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the word “current”, in relation to a payment period for a region, means the payment period for that region during which the change of residence took place.
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the word “next”, in relation to a payment period for a region, means the payment period for that region next following the current payment period for that region,
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the expression “the purposes of the residential condition” means the purposes of paragraph (a) of sub-section (1) of this section,
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the expression “the prescribed conditions in relation to notification of change of residence” means such conditions in relation to notification of change of residence and surrender of allowance book as may be prescribed;
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(b) in case the change of residence took place before the appointed day, the following provisions shall have effect—
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(i) such person shall, for the purposes of the residential condition, be deemed not to have been resident in the former region on the qualifying date in relation to the first payment period for the former region,
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(ii) if such person complies with the prescribed conditions in relation to notification of change of residence, he shall, for the purposes of the residential condition, be deemed to have been resident in the new region on the qualifying date in relation to the first payment period for the new region;
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(c) in case the change of residence took place on or after the appointed day, the following provisions shall have effect, that is to say—
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(i) if such person complies with the prescribed conditions in relation to notification of change of residence, he shall continue after the change of residence to be entitled to payment during the current payment period for the former region of the said children's allowance, but shall not so continue unless and until he has so complied,
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(ii) if such person was at the date of change of residence entitled to payment of a children's allowance during the next payment period for the former region, he shall cease to be so entitled,
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(iii) if such person complies with the prescribed conditions in relation to notification of change of residence, he shall, for the purposes of the residential condition, be deemed to have been resident in the new region on the qualifying date in relation to the current payment period for the new region and, if not resident in the new region on the qualifying date in relation to the next payment period for the new region, to have been so resident, but the children's allowance (if any) payable to him during the current or the next payment period for the new region shall not be payable during any week which falls within any payment period for the former region.
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(3) For the purposes of this section—
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(a) subject to paragraph (b) of this sub-section, a child shall be regarded as being maintained by the person mentioned in whichever of the following subparagraphs is applicable—
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(i) where the child normally resides with his father, the father,
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(ii) where the child normally resides with his step-father, the step-father,
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(iii) where the child normally resides with his mother, who is a widow or is living apart from her husband, the mother,
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(iv) where the child normally resides with his step-mother, who is a widow or is living apart from her husband, the step-mother,
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(v) where the child is being educated at a boarding school or is boarded out for the sole purpose of attending school, the person with whom he would otherwise normally reside,
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(vi) where the child is an inmate of a hospital, the person with whom he would otherwise normally reside,
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(vii) where the child is an inmate of an institution (other than a hospital) and would otherwise normally reside with a person who contributes towards the cost of his maintenance in the institution, that person,
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(viii) in any case to which none of the foregoing sub-paragraphs is applicable, the head of a household of which the child is normally a resident member,
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and the child shall be deemed not to be maintained by any other person;
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(b) in any case to which any two of subparagraphs (i) to (iv) of paragraph (a) of this sub-section are applicable, the child shall be regarded as being maintained by the person mentioned in the first in order of the applicable subparagraphs and shall be deemed not to be maintained by any other person;
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(c) a child shall be a qualified child on the qualifying date in relation to a payment period for a region if, but only if, on the said qualifying date, the child—
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(i) was alive, and
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(ii) was ordinarily resident in the State, and
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(iii) was not detained in a reformatory or an industrial school, and
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(iv) was not permanently resident in any institution, the costs of his maintenance wherein are wholly defrayed by the governing body of that institution, or out of moneys provided by the Oireachtas, or out of the funds of a local authority, or are wholly defrayed in any two or more of such ways.
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(4) Where a person, who is entitled to a children's allowance during a payment period for a region, dies after the qualifying date in relation to that payment period, the Minister may, if he thinks fit, direct that the said children's allowance or any part thereof shall during the said payment period or any part thereof be paid to such person as he thinks fit.
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(5) Where a person who is entitled to a children's allowance during a payment period for a region is in prison or detained in a mental home or the Minister is satisfied that such person has neglected the children by virtue of the maintenance of whom on the qualifying date in relation to such period such person is so entitled, the Minister may direct the said children's allowance to be paid to such person as he thinks fit.
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(6) A person shall not be entitled, otherwise than under sub-section (4) or sub-section (5) of this section, to payment of more than one children's allowance in respect of any week.
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