S.I. No. 396/2003 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Child Benefit) Regulations, 2003

The Minister for Social and Family Affairs, in exercise of the powers conferred on her by sections 4 (as amended by section 12 of the Social Welfare (Miscellaneous Provisions) Act, 2002 (No. 8 of 2002) and 247 (as amended by section 11 of the Social Welfare (Miscellaneous Provisions) Act, 2003 (No. 4 of 2003)) 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. 4) (Child Benefit Regulations, 2003.

(2)   These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2003 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2003.

Definitions.

2.    In these Regulations “the Principal Regulations” means the Social Welfare (Consolidated Payments Provisions) Regulations 1994 ( S.I. No. 417 of 1994 ).

Commencement

3.  These Regulations come into operation on 8 September 2003.

Award of child benefit.

4.    The Principal Regulations are amended by the insertion in article 101 (amended by article 5 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13 (Carers) Regulations, 2000 ( S.I. No. 340 of 2000 )) after paragraph (6) of the following paragraph:

“(7)   (a)   For the purposes of section 247 (4) in relation to claims for child benefit in the case of a second or subsequent child the prescribed information shall be a copy of an entry in respect of each qualified child in the register of births under the Births and Deaths Registration Acts, 1863 to 1996, provided to the Minister by An t-Ard Chláraitheoir.

(b)   Child benefit may be awarded in accordance with paragraph (a) where the qualified person is, at that time, in receipt of child benefit in respect of a qualified child and the information provided is sufficient to authenticate:

(i)     the public service identity of the qualified child, and

(ii)    the public service identity of the qualified person.”.

EXPLANATORY NOTE

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

Section 11 of the Social Welfare (Miscellaneous Provisions) Act 2003 provided for the award of Child Benefit in the case of a second or subsequent child in certain defined circumstances.

These Regulations detail the circumstances under which an award of Child Benefit may be made without referral to a Deciding Officer for decision. These are that:

-       the person qualified to receive benefit on behalf of the child/children is currently in receipt of Child Benefit in respect of at least one child;

-       details of the birth registration have been notified to the Minister by An t-Ard-Chláraitheoir; and

-       the information provided is sufficient to validate the identity of the child/children and the qualified person.