Social Welfare Consolidation Act 2005

Interpretation.

[1996 s17(1)]

172

172.—(1) In this Chapter—

F1010[qualified parent means, subject to regulations under section 177

(a) a widow,

(b) a widower,

(c) a separated spouse,

(d) an unmarried person, F1011[]

(e) a person whose spouse F1012[or civil partner] has been committed in custody to a prison or place of detention for not less than F1013[6 months,]

F1014[(f) a surviving civil partner,

(g) a civil partner who is not living with the other civil partner of the civil partnership, or

(h) a person who is not a party to a F1013[civil partnership,]]

who is the parent, step-parent, adoptive parent or legal guardian of at least one F1015[relevant child], who normally resides with that person;]

F1016[relevant age means

F1017[(a) 16 years where

(i) the person in respect of whom the claim for one-parent family payment is being made is qualified for

(I) a blind pension under Chapter 5 of Part 3, or

(II) a carers allowance under Chapter 8 of Part 3, including a payment under section 186A, or

(ii) a payment under Chapter 8A of Part 3 is being made in respect of a child,

and]

F1018[(b) in any other case

(i) 12 years in respect of any claim for one-parent family payment relating to any day during the period beginning on 3 May 2012 and expiring on 3 July 2013,

(ii) 10 years in respect of any claim for one-parent family payment relating to any day during the period beginning on 4 July 2013 and expiring on 2 July 2014, and

(iii) 7 years in respect of any claim for one-parent family payment relating to any day occurring on or after 3 July 2014;]]

F1019[relevant child means a person who

(a) is ordinarily resident in the State,

(b) is not detained in a children detention school, and

F1020[(c) has not attained the relevant age;]

relevant date means the date of death of

(a) the spouse of the surviving spouse,

(b) the cohabitant of the surviving cohabitant, or

(c) the civil partner of the surviving civil partner;]

[2000 s17(2) & Sch E; 2005 (SW&P) s25 & Sch 3]

“weekly means” means, subject to Rule 1(1) and (4) of F1021[Part 5] of Schedule 3, the yearly means divided by 52.

[1996 s17(1); 2005 (SW&P) s25 & Sch 3]

(2) For the purposes of this Chapter—

(a) means shall be calculated in accordance with the Rules contained in F1021[Part 5] of Schedule 3,

F1022[(b) a widow who has remarried or entered into a civil partnership shall not be regarded as the widow of her former spouse and a widower who has remarried or entered into a civil partnership shall not be regarded as the widower of his former spouse,]

F1023[(ba) a surviving civil partner who has entered into a new civil partnership or who marries shall not be regarded as the surviving civil partner of his or her former civil partner, and]

[1996 s20(1)]

F1024[(c) a reference to a qualified parent shall include a reference to a person who would otherwise be a qualified parent but for the fact that

(i) the persons marriage has been dissolved, being a dissolution that is recognised as valid in the State, or

(ii) the persons civil partnership has been dissolved, being a dissolution that is recognised as valid in the State.]

Annotations

Amendments:

F1010

Substituted (17.12.2008) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 13(1), commenced on enactment, subject to transitional provision in subs. (2).

F1011

Deleted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 20(1)(a), S.I. No. 673 of 2010.

F1012

Inserted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 26 and sch. 3 item 27, S.I. No. 673 of 2010.

F1013

Substituted (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 6(1)(a), commenced on enactment.

F1014

Inserted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 20(1)(c), S.I. No. 673 of 2010.

F1015

Substituted (29.06.2011) by Social Welfare and Pensions Act 2011 (9/2011), s. 9(2)(a), commenced on enactment.

F1016

Inserted (3.05.2012) by Social Welfare and Pensions Act 2012 (12/2012), s. 4(1)(a), commenced as per subs. (2).

F1017

Substituted (19.12.2016) by Social Welfare Act 2016 (15/2016), s. 11, commenced on enactment.

F1018

Substituted (21.12.2012) by Social Welfare Act 2012 (43/2012), s. 14(a), commenced on enactment.

F1019

Inserted (29.06.2011) by Social Welfare and Pensions Act 2011 (9/2011), s. 9(2)(b), commenced on enactment.

F1020

Substituted (3.05.2012) by Social Welfare and Pensions Act 2012 (12/2012), s. 4(1)(b), commenced as per subs. (2).

F1021

Substituted (29.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 17 and sch. 3, S.I. No. 334 of 2006.

F1022

Substituted (16.12.2015) by Social Welfare and Pensions Act 2015 (47/2015), s. 14, commenced on enactment.

F1023

Inserted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 20(2)(b), S.I. No. 673 of 2010.

F1024

Substituted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 20(2)(c), S.I. No. 673 of 2010.

Editorial Notes:

E1078

Previous affecting provision: para. (a) in the definition of "relevant age" in subs. (1) amended (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 6(1)(b), commenced on enactment; substituted (19.12.2016) as per F-Note above.

E1079

Previous affecting provision: para. (e) in the definition of "qualified parent" in subs. (1) amended (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 20(1)(b), S.I. No. 673 of 2010; substituted (6.05.2015) as per F-Note above.

E1080

Previous affecting provision: subs. (2)(b) amended (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 20(2)(a), S.I. No. 673 of 2010; substituted (16.12.2015) as per F-Note above.