Social Welfare Consolidation Act 2005

173A

F1035[Entitlement to one-parent family payment where youngest child has attained relevant age.

173A.(1) This section applies to

(a) a surviving spouse where both spouses of a married couple are, on the relevant date, living together and one of them dies,

(b) a surviving cohabitant where both cohabitants are, on the relevant date, cohabiting and one of them dies, and

(c) a surviving civil partner where both civil partners of a civil partnership are, on the relevant date, living together and one of them dies,

and where the surviving spouse, surviving cohabitant or surviving civil partner is the parent, step-parent, adoptive parent or legal guardian of at least one child who normally resides with that surviving spouse, surviving cohabitant or surviving civil partner and the youngest child has, on the relevant date, attained the relevant age.

(2) Notwithstanding

(a) that the youngest child has attained the relevant age, and

(b) section 178C,

one-parent family payment shall be payable to a surviving spouse, surviving cohabitant or surviving civil partner to whom this section applies for the shorter of

(i) the period commencing on the relevant date and ending on the day that is 2 years after that date, or

(ii) the period commencing on the relevant date and ending on the date that the youngest child attains the age of 18 years.]

Annotations

Amendments:

F1035

Substituted (3.05.2012) by Social Welfare and Pensions Act 2012 (12/2012), s. 5(1), commenced as per subs. (6).

Editorial Notes:

E1093

Previous affecting provision: section substituted (29.06.2011) by Social Welfare and Pensions Act 2011 (9/2011), s. 9(5), commenced on enactment; substituted (3.05.2012) as per F-Note above.

E1094

Previous affecting provision: section inserted (27.04.2011) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 25(3), S.I. No. 89 of 2011; substituted (29.06.2011) as per E-Note above.

E1095

Previous affecting provision: section amended (1.01.2011 prior to having come into operation) by Social Welfare and Pensions Act 2010 (37/2010), s. 20(4), S.I. No. 673 of 2010; substituted (29.06.2011) as per F-Note above.