Social Welfare Consolidation Act 2005

173B

F1036[Entitlement to one-parent family payment in certain circumstances.

173B.(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 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 relevant child who normally resides with that surviving spouse, surviving cohabitant or surviving civil partner and the youngest relevant child is, on the relevant date, within 2 years of attaining the relevant age.

(2) Notwithstanding section 178C, where one-parent family payment is payable to a qualified parent who is a surviving spouse, surviving cohabitant or surviving civil partner to whom this section applies, that payment shall continue to be payable for a period of 2 years commencing on the relevant date and if, during that period, the relevant child attains the relevant age, that payment shall continue to be paid for that period.]

Annotations

Amendments:

F1036

Substituted (3.05.2012) by Social Welfare and Pensions Act 2012 (12/2012), s. 5(2), commenced as per subs. (6).

Editorial Notes:

E1096

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.

E1097

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.

E1098

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(5), S.I. No. 673 of 2010; substituted (29.06.2011) as per F-Note above.