Social Welfare and Pensions Act 2014

8.

Absence from State or imprisonment

8. (1) Section 187 of the Principal Act is amended by substituting the following definition for the definition of “qualified adult” (amended by section 21 of the Social Welfare and Pensions Act 2010):

“‘qualified adult’ means—

(a) in relation to a beneficiary—

(i) the spouse of the beneficiary who is being wholly or mainly maintained by the beneficiary,

(ii) the civil partner of the beneficiary who is being wholly or mainly maintained by the beneficiary, or

(iii) the cohabitant of the beneficiary who is being wholly or mainly maintained by the beneficiary,

where the spouse, civil partner or cohabitant concerned is resident in the State, or

(b) a person who has attained the age of 16 years, is resident in the State, is being wholly or mainly maintained by a beneficiary and has the care of one or more than one qualified child who normally resides with the beneficiary, where the beneficiary is—

(i) a single person,

(ii) a widow,

(iii) a widower,

(iv) a married person who is not living with and is neither wholly nor mainly maintaining, nor being wholly or mainly maintained by, his or her spouse,

(v) a surviving civil partner, or

(vi) a civil partner who is not living with and is neither wholly nor mainly maintaining, nor being wholly or mainly maintained by, his or her civil partner;”.

(2) Section 249 of the Principal Act is amended—

(a) in subsection (6) (amended by section 18 of the Act of 2008), by inserting “(including any increase in such allowance or assistance)” after “farm assist”, and

(b) by inserting the following subsection after subsection (6):

(6A) Where a person is entitled to jobseeker’s allowance, pre-retirement allowance, supplementary welfare allowance, disability allowance or farm assist and such allowance or assistance includes an increase in respect of a qualified adult, that increase shall not be payable for any period during which the qualified adult is—

(a) resident, whether temporarily or permanently, outside the State, or

(b) undergoing imprisonment or detention in legal custody.”.