S.I. No. 332/2002 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Qualified Child) Regulations, 2002

The Minister for Social and Family Affairs, in exercise of the powers conferred on her by sections 2 (4A) (inserted by section 7 of the Social Welfare (Miscellaneous Provisions) Act, 2002 (No. 8 of 2002)) and 4 (as amended by section 12 of the Social Welfare (Miscellaneous Provisions) Act, 2002 ) 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. 1) (Qualified Child) Regulations, 2002.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2002 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2002.

Amendment to principal regulations.

2. The Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 ) are amended by -

(a)  the substitution in article 8 (1) for “Subject to this article” of “Subject to sub-articles (2), (3), (4) and (5)”, and

(b)  the insertion in article 8 (as amended by article 3 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) Regulations, 1995 (S.I. 303 of 1995)) after sub-article (5) of the following sub-articles:

“(6) Subject to sub-articles (7) and (8), for the purposes of section 2 (4A), a person shall be regarded as attending a full-time day course of study, instruction or training at an institution of education while he or she is attending a full-time day course of study, instruction or training at an institution of education other than a course of study, training or instruction referred to in paragraphs (a) to (e) of article 8 (2).

(7) For the purposes of sub-article (6) a person shall be regarded as continuing to attend a full-time day course of study instruction or training at an institution of education for periods immediately following the completion by that person of part of a cycle of second level education, where such part finishes on any date between 1 May and 30 June, up to and including the next following 1 September, except where a person completes the final part of a cycle of second level education or where that person terminates second level education.

(8) For the purposes of sub-article (7) ‘cycle of second level education’ means a cycle of education approved by the Minister for Education and Science for the Leaving Certificate Examination of the Department of Education and Science.”.

EXPLANATORY NOTE

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

The Social Welfare (Miscellaneous Provisions) Act, 2002 provided for the extension of increases in respect of short-term social welfare payments for dependent children up to the end of June following the child's 18th birthday where he or she is in full-time education.

These Regulations specify the circumstances under which a child who reaches the age of 18 years is to be regarded as attending a full-time day course of study, instruction or training at an institution of education.

The Regulations provide that a child will be regarded as attending a full-time day course while he or she is attending a full-time day course of study, instruction or training other than a course provided or approved by FÁS with the exception of Youthreach or where the course forms part of work experience or arises from employment.

The Regulations also provide that a student who reaches 18 in the summer term vacation between academic years, except where he or she has completed the final part of second level education will continue to be regarded as attending school and, where appropriate, the parent (s) will continue to receive the Child Dependent Increase up to the June of the following year.