Social Welfare Consolidation Act 2005

Entitlement to payment.

[1996 s17(1)]

173

173.F1027[(1) Subject to this Act and to regulations made under this Act, a payment (in this Act referred to as one-parent family payment) shall be payable to any of the following persons who has not attained pensionable age:

(a) a qualified parent;

(b) a person to whom section 173A or 173B applies;

(c) a person to whom section 178A(6), 178A(7) or 178A(8) applies.]

[1996 s17(1)]

F1028[(2) A one-parent family payment payable to a F1029[person] shall, subject to this Act, continue to be payable unless the F1029[person] marries, remarries, enters into a civil partnership or enters into a new civil partnership, and in such a case the one-parent family payment shall cease as and from the date of marriage or remarriage or the date of entry into a civil partnership or new civil partnership, as the case may be.]

[1996 s17(1); 1999 s31(a)]

(3) F1030[]

[1996 s17(1); 2001 s21(1)]

(4) F1030[]

[1996 s17(1)]

(5) F1030[]

F1031[(5A) F1030[]

(5B) F1030[]]

F1032[(5C) F1030[]]

[2004 (MP) s17(1) & Sch 1]

(6) A one-parent family payment shall not be payable to a F1033[person] under this Chapter unless the F1033[person] is habitually resident in the State F1034[].

Annotations

Amendments:

F1027

Substituted (29.06.2011) by Social Welfare and Pensions Act 2011 (9/2011), s. 9(4)(a), commenced on enactment.

F1028

Substituted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 20(3), S.I. No. 673 of 2010.

F1029

Substituted (29.06.2011) by Social Welfare and Pensions Act 2011 (9/2011), s. 9(4)(b), commenced on enactment.

F1030

Deleted (8.04.2021) by Social Welfare Act 2020 (30/2020), s. 10(1)(b), commenced as per subs. (2).

F1031

Inserted (27.04.2011) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 25(2), S.I. No. 89 of 2011

F1032

Inserted (5.01.2012) by Social Welfare Act 2011 (37/2011), ss. 7(1)(c), commenced as per subs. (2)

F1033

Substituted (29.06.2011) by Social Welfare and Pensions Act 2011 (9/2011), s. 9(4)(e), commenced on enactment.

F1034

Deleted (17.07.2014) by Social Welfare and Pensions Act 2014 (16/2014), s. 11(8), commenced on enactment.

Modifications (not altering text):

C71

Application of section restricted (1.02.2016) by European Communities (Free Movement of Persons) Regulations 2015 (S.I. No. 548 of 2015), art. 17(2), in effect as per art. 1(2). The text of art. 17(2) appears above immediately before s. 139.

Editorial Notes:

E1081

Power pursuant to subs. (3) exercised (8.05.2008) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Earnings Disregard) Regulations 2008 (S.I. No. 138 of 2008), art. 5—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 151—in effect as per art. 2.

E1082

Previous affecting provision: subs. (4)(b) and (5B) substituted (5.01.2012) by Social Welfare Act 2011 (37/2011), ss. 7(1)(a) and (b), commenced as per subs. (2); deleted (8.04.2021) as per F-Note above

E1083

Previous affecting provision: subs. (3) and (5) amended (29.06.2011) by Social Welfare and Pensions Act 2011 (9/2011), ss. 9(4)(c) and 9(4)(d), commenced on enactment; deleted (8.04.2021) as per F-Note above.

E1084

Previous affecting provision: subs. (3), (4), (5) substituted (27.04.2011) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 25(2), S.I. No. 89 of 2011; deleted (8.04.2021) as per F-Note above.

E1085

Previous affecting provision: subs. (3) substituted (8.05.2008) by Social Welfare and Pensions Act 2008 (2/2008), s. 8(1), commenced as per subs. (3); substituted (27.04.2011) as per E-Note above.

E1086

Previous affecting provision: subs. (3) amended (3.05.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 22, S.I. No. 219 of 2007; substituted (8.05.2008) as per E-Note above.

E1087

Previous affecting provision: power pursuant to subs. (3) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 151, in effect as per art. 2; substituted (8.05.2008) as per E-Note above.

E1088

Previous affecting provision: power pursuant to subs. (4) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 129, in effect as per art. 2; revoked (27.04.2011) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (One-Parent Family Payment) Regulations 2011 (S.I. No. 90 of 2011), art. 5, in effect as per art. 2.

E1089

Previous affecting provision: subs. (1) substituted (29.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 22(a), S.I. No. 334 of 2006; substituted (29.06.2011) as per F-Note above.

E1090

Previous affecting provision: subs. (3) amended (29.05.2006 to 30.05.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 27, S.I. No. 206 of 2006; substituted (3.05.2007) as per E-Note above.

E1091

Previous affecting provision: subs. (3) amended (16.12.2005) by Social Welfare Act 2005 (30/2005), s. 9(a), commenced on enactment; substituted (8.05.2008) as per F-Note above.

E1092

Previous affecting provision: power pursuant to statutory precursor of subs. (4) exercised (6.01.2005) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Miscellaneous Provisions) Regulations 2004 (S.I. No. 846 of 2004), art. 4—which inserted an unnumbered article following Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 83—in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.