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  4. S.I. No. 265/2000 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 11) (Child Benefit) Regulations, 2000

S.I. No. 265/2000 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 11) (Child Benefit) Regulations, 2000

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 4, 193 and 205 (as amended by sections 11 and 13 of the Social Welfare Act, 2000 (No. 4 of 2000)) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) hereby makes the following Regulations:

Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 11) (Child Benefit) Regulations, 2000.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2000 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2000.

Child Benefit.

2. The Social Welfare (Consolidated Payments Provisions) Regulations, 1994 (S.I. 417 of 1994)) are hereby amended by

(a) the substitution in article 91 for Rule 1 of the following Rule:

“1. A qualified child, who is resident with more than one of the following persons, his or her -

mother,

step - mother,

father,

step - father,

shall be regarded as normally residing with the person first so mentioned and with no other person:

Provided that where the persons are resident in separate households, the qualified child shall be regarded as normally residing with the person with whom he or she resides for the majority of the time.”, and

(b) the substitution in paragraph (1) (a) of article 109 for “3” of “6”.

GIVEN under the Official Seal of the Minister for Social, Community and Family Affairs this 31st day of July, 2000.

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DERMOT AHERN

Minister for Social, Community and Family Affairs.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation).

These Regulations amend the current arrangements for payment of Child Benefit to provide that, in cases of shared custody of a qualified child who resides on a part-time basis with each of his/her parents, payment will be made to the parent with whom the child resides for the greater part.

The Regulations further provide for the extension of the period for back-dating Child Benefit claims to six months.