Social Welfare (Miscellaneous Provisions) Act 2010

14.

Qualified person — amendment.

14.— Section 220 (as amended by section 27 of the Act of 2007) of the Principal Act is amended—

( a) in subsection (2) by deleting paragraph ( a), and

( b) by inserting the following subsections after subsection (3):

“(3A) The Minister may make regulations fordetermining which of the following persons is the person with whom a qualified child normally resides for the purposes of this Part—

( a) one of his or her parents whether they are living in one household or in separate households,

( b) one of his or her step-parents whether they are living in one household or in separate households,

( c) a relative of the qualified child, including a relative with whom the child has, under section 36 of the Child Care Act 1991, been placed by the Executive,

( d) a person who has care and charge of the qualified child in the household of that person, or

( e) a foster parent.

(3B) Regulations under this section may provide that where the qualified child does not reside with either of his or her parents, one of his or her parents may, for the purposes of this Part, be determined as the person with whom that child normally resides if—

( a) in the case of the mother of the qualified child, the mother is not dead or missing and isentitled to the custody of the child whether solely or jointly with any other person, or

( b) in the case of the father of the qualified child, the father is not dead or missing and is entitled to the custody of the child whether solely or jointly with any person other than the mother of the qualified child,

and the mother or, as the case may be, the father has not abandoned or deserted the qualified child and is contributing to the support of the child.

(3C) Where a qualified child does not normally reside with one of his or her parents or the spouse of one of his or her parents and the child resides in the household of a person referred to in paragraph ( c), ( d) or ( e) of subsection (3A), for the purposes of subsection (1) regulations under this section may provide that the relative, person or foster parent shall be regarded as the person with whom the qualified child normally resides.

(3D) Without prejudice to subsection (3C), the regulations may specify a period for which the qualified child is required to be resident in the household concerned for the purpose of determining that the relative, person orfoster parent shall be regarded as being the person with whom the qualified child normally resides and such period shall not be less than 6 months.

(3E) Where a person who has been determined, inaccordance with this section and regulations made under it, to be a qualified person—

( a) abandons or deserts the qualified child concerned, or

( b) fails to contribute to the maintenance of the qualified child concerned,

the qualified person shall cease to be a qualified person for the purposes of this Part.

(3F) Where a person ceases, in accordance with subsection (3E), to be a qualified person, regulations under this section may provide for determining the person with whom, subsequent to such cessation, the child is regarded as normally residing.

(3G) Regulations under this section may provide for determining the normal residence of a qualified child—

( a) where a person with whom the qualified child normally resides dies, and

( b) where the parents of the qualified child are separated or living apart.”.