Social Welfare Consolidation Act 2005
Qualified child.
[1993 s192(1); 1995 s5(2)]
219.—F1227[(1) A child shall be a qualified child (in this Part referred to as a ‘qualified child’) for the purposes of child benefit where—
(a) he or she is under the age of 16 years, or
(b) having attained the age of 16 years, he or she is under the age of F1228[19 years] and is—
(i) receiving full-time education, the circumstances of which shall be specified in regulations, or
(ii) by reason of physical or mental infirmity, incapable of self-support and likely to remain so incapable for a prolonged period,
and
(c) he or she is ordinarily resident in the State, and
(d) he or she is not detained in a children detention school and is not undergoing imprisonment or detention in legal custody.]
[1993 s192(2); 1996 s5(5)]
(2) Notwithstanding F1229[subsection (1)(c)], a child who resides with a qualified person and that person’s spouse F1230[, civil partner or cohabitant] while the qualified person or that person’s spouse F1230[, civil partner or cohabitant]—
(a) being a member of the Defence Forces or a civil servant in the civil service of the Government or the State, is in the service, outside the State, of the Government, the State or an international organisation,
(b) is a volunteer development worker, or
(c) is an insured person employed outside the State in respect of whom employment contributions under Part 2 are payable in accordance with regulations made under section 31,
shall be a qualified child for the purposes of this Part.
Annotations
Amendments:
F1227
Substituted (1.01.2009) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 20(1)(a), commenced as per subs. (2).
F1228
Substituted (1.05.2024) by Social Welfare (Miscellaneous Provisions) Act 2023 (37/2023), s. 13(1), commenced as per subs. (2) as amended (5.03.2024) by Social Welfare and Civil Law (Miscellaneous Provisions) Act 2024 (6/2024), s. 9, commenced on enactment.
F1229
Substituted (24.03.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 37 and sch. 7, commenced on enactment.
F1230
Inserted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 26 and sch. 3 item 24, S.I. No. 673 of 2010.
Editorial Notes:
E1326
Power pursuant to subs. (1)(b)(i) exercised (1.11.2019) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 11) (Jobseekers Benefit (Self-Employed)) Regulations 2019 (S.I. No. 551 of 2019), art. 10—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 160(2)—in effect as per art. 2.
E1327
Power pursuant to subs. (1)(b)(i) exercised (12.12.2007) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 7) (Child Benefit) Regulations 2007 (S.I. No. 859 of 2007), art. 5, which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 160(1).
E1328
Power pursuant to subs. (1)(b)(i) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 160 and 161, in effect as per art. 2.
E1329
Previous affecting provision: power pursuant to statutory precursor exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), arts. 92 and 93, 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.