Social Welfare (Consolidation) Act, 1981
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Qualified persons. [1946 CA, s. 5; 1963 MP, s. 5] |
224.—(1) A person with whom a qualified child normally resides shall be qualified for a children's allowance in respect of that child and is in this Part referred to as a qualified person. | |
(2) For the purpose of subsection (1)— | ||
(a) the Minister may make rules for determining with whom a qualified child shall be regarded as normally residing, | ||
(b) a qualified child shall not be regarded as normally residing with more than one person, and | ||
[1974 (No. 1), s. 8] | ||
(c) where a qualified child is resident in an institution and contributions are made towards the cost of his maintenance in that institution, he shall be regarded as normally residing with the person with whom in accordance with the rules made under paragraph (a) he would be determined to be normally residing if he were not resident in an institution but, where the person with whom he would thus be regarded as normally residing has abandoned or deserted the child, the child shall be regarded as normally residing with the head of the household of which he would normally be a member if he were not resident in an institution. | ||
[1946 CA, s. 5] | ||
(3) Rules made under subsection (2) shall be laid before each House of the Oireachtas as soon as may be after they are made, and if a resolution is passed by either House of the Oireachtas within the next subsequent 21 days on which that House has sat after the rules are laid before it annulling the rules, the rules shall be annulled accordingly, but without prejudice to the validity of anything previously done under the rules. | ||
[1974 (No. 1), s. 9; S.I. No. 196 of 1974 ] | ||
(4) Where, immediately before 3rd July, 1974, the mother or stepmother of a qualified child was in receipt of a children's allowance in respect of that child, having been nominated in accordance with regulations made under the Social Welfare (Children's Allowances) Acts, 1944 to 1973, to receive the allowance, she shall on becoming the qualified person in respect of that child be treated as having made the claim for that allowance. | ||
(5) Where, immediately before 3rd July, 1974, a person who was qualified for a children's allowance in respect of a qualified child had not so nominated the mother or step-mother of the child to receive the allowance, that person if he had ceased to be a qualified person at that date shall be treated as having been so nominated by the qualified person to receive the allowance unless and until the qualified person otherwise elects. |