Social Welfare Act, 1952

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Amendment of section 4 of Act of 1935.

98.—(1) The following subsections shall be substituted for subsection (1) of section 4 of the Act of 1935:—

“(1) During the period beginning on the 25th day of June, 1952, and ending on the day before the day specified by order under subsection (1A) of this section, for the purposes of the Unemployment Assistance Acts, 1933 to 1952—

the expression ‘adult dependant’ means—

(a) in the case of a married man, his wife if she is living with him or is being maintained wholly or mainly by him and is not in receipt of unemployment benefit under the Unemployment Insurance Acts, 1920 to 1952, or in receipt of out-of-work benefit under the Insurance Industry Unemployment Insurance Scheme established under the Unemployment Insurance Acts, 1920 to 1948, or in regular wage-earning employment otherwise than as having the care of his child dependants or engaged in any occupation ordinarily carried on for profit,

(b) in the case of a married woman, her husband if he is prevented by physical or mental infirmity from supporting himself and is being maintained wholly or mainly by her, and

(c) in the case of a widower or an unmarried man, any female person who is residing with him for the purpose of having the care of his child dependants and is being maintained by him and is not in receipt of unemployment benefit under the Unemployment Insurance Acts, 1920 to 1952, or in receipt of out-of-work benefit under the said Insurance Industry Unemployment Insurance Scheme or in regular wage-earning employment otherwise than as having the care of his child dependants or engaged in any occupation ordinarily carried on for profit;

the expression ‘child dependant’ means, in relation to a person, any child who has not attained the age of fourteen years and is maintained wholly or mainly at that person's cost or who has attained the age of fourteen years and has not attained the age of sixteen years and is so maintained and is under full-time instruction in a day school;

references to dependants shall be construed as references to adult dependants or child dependants, as the case may require.

(1A) On and after such day as the Minister may specify by order under this subsection, for the purposes of the Unemployment Assistance Acts, 1933 to 1952—

the expression ‘adult dependant’ means—

(a) in the case of a married man, his wife if she is living with him or wholly or mainly maintained by him,

(b) in the case of a married woman, her husband if he is incapable of self-support by reason of some physical or mental infirmity and is wholly or mainly maintained by her, and

(c) in the case of a widower or an unmarried man, any female person (being a person who has attained the age of sixteen years) having the care of his child dependants and wholly or mainly maintained by him;

the expression ‘child dependant’ means, in relation to a person, any child who has not attained the age of sixteen years and is ordinarily resident in the State and is not detained in a reformatory or an industrial school and normally resides with that person;

references to dependants shall be construed as references to adult dependants or child dependants, as the case may require;

a child becoming adopted under any Act providing for the adoption of children (whether passed before or after the commencement of this subsection) shall thereafter be treated as if he were the child of the adopter or adopters born to him, her or them in lawful wedlock and were not the child of any other person;

any question relating to the normal residence of a child shall, for the purposes of the Unemployment Assistance Acts, 1933 to 1952, be decided in accordance with subsection (2) of section 5 of the Children's Allowances (Amendment) Act, 1946 (No. 8 of 1946), and the rules under that subsection.”

(2) Subsection (1) of this section shall come into operation on the 25th day of June, 1952.