Social Welfare Consolidation Act 2005

Definition of qualified child.

[2003 (MP) s5(1)(c); 2005 (SW&P) s26 & Sch 4]

188

188.—(1) In this Chapter “qualified child” means, in relation to a beneficiary, F1104[any child who is ordinarily resident in the State,] not being a qualified adult, who is dependent on that beneficiary for support and—

(a) in the case of a beneficiary (other than a beneficiary referred to in paragraph (b)), is under the age of 18 years or is of or over the age of 18 years and is regarded as attending a course of study referred to in section 148(3)(a), or

(b) in the case of a beneficiary who has been in receipt of supplementary welfare allowance for not less than 26 weeks or, subject to the conditions and in the circumstances that may be prescribed, has been entitled to or has been in receipt of supplementary welfare allowance and a relevant payment for not less than 156 days—

(i) is under the age of 18 years, or

(ii) is of or over the age of 18 years and under the age of 22 years and is receiving full-time education, the circumstances of which shall be specified in regulations, or

(iii) is of or over the age of 18 years and is regarded as attending a course of study referred to in section 148(3)(a).

[2003 (MP) s5(1)(c)]

(2) (a) Subject to paragraph (b) and notwithstanding subsection (1)(a), a person who attains the age of 18 years while attending a full-time day course of study, instruction or training at an institution of education, shall continue to be regarded as a qualified child for the purposes of subsection (1)(a) until the earlier of the next following 30 June or until he or she completes the full-time day course.

(b) For the purposes of paragraph (a), the Minister may prescribe the conditions subject to which a person shall be regarded as attending a full-time day course of study, instruction or training at an institution of education.

(c) In this subsection “institution of education” has the meaning given to it by section 148(2).

Annotations

Amendments:

F1104

Substituted (19.12.2016) by Social Welfare Act 2016 (15/2016), s. 13, commenced on enactment.

Editorial Notes:

E1184

Power pursuant to subs. (1)(b) exercised (2.07.2007) by Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 37, in effect as per art. 2

E1185

Previous affecting provision: power pursuant to statutory precursor of subs. (1)(b) exercised (29.09.2003) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2 Regulations, 2003 (S.I. No. 454 of 2003), art. 3, which inserted Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995 (S.I. No. 382 of 1995), art. 36; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (2.07.2007) by Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 5 and sch. 4, in effect as per art. 2.