Social Welfare Consolidation Act 2005
Qualified person.
[1993 s193(1); 2004 (MP) s17 & Sch 1]
220.—(1) Subject to subsection (3), a person with whom a qualified child normally resides shall be qualified for child benefit in respect of that child and is in this Part referred to as “a qualified person”.
[1993 s193(2)]
(2) For the purpose of subsection (1)—
(a) the Minister may make rules for determining with whom a qualified child shall be regarded as normally residing,
(b) a qualified child shall not be regarded as normally residing with more than one person, and
(c) where a qualified child is resident in an institution and contributions are made towards the cost of his or her maintenance in that institution, that child shall be regarded as normally residing with the person with whom in accordance with the rules made under paragraph (a) he or she would be determined to be normally residing if he or she were not resident in an institution but, where the person with whom the child would thus be regarded as normally residing has abandoned or deserted the child, the child shall be regarded as normally residing with the head of the household of which he or she would normally be a member if he or she were not resident in an institution.
[2004 (MP) s17 & Sch 1]
(3) A qualified person, other than a person to whom section 219(2)(a), (b) or (c) applies, shall not be qualified for child benefit under this section unless he or she is habitually resident in the State F1231[…].
Annotations
Amendments:
F1231
Deleted (17.07.2014) by Social Welfare and Pensions Act 2014 (16/2014), s. 11(14), commenced on enactment.
F1232
Deleted by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 14(a), not commenced as of date of revision.
F1233
Deleted by Social Welfare and Pensions Act 2007 (8/2007), s. 27, not commenced as of date of revision.
F1234
Inserted by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 14(b), not commenced as of date of revision.
Modifications (not altering text):
C86
Prospective amending provision: subs. (2)(a) deleted by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 14(a), not commenced as of date of revision.
(2) For the purpose of subsection (1)—
(a) F1232[…]
...
C87
Prospective amending provision: subs. (2)(b) repealed by Social Welfare and Pensions Act 2007 (8/2007), s. 27, not commenced as of date of revision.
(2) For the purpose of subsection (1)—
...
(b) F1233[…]
C88
Prospective amending provision: subs. (3A) to (3G) inserted by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 14(b), not commenced as of date of revision.
F1234[(3A) The Minister may make regulations for determining which of the following persons is the person with whom a qualified child normally resides for the purposes of this Part—
(a) one of his or her parents whether they are living in one household or in separate households,
(b) one of his or her step-parents whether they are living in one household or in separate households,
(c) a relative of the qualified child, including a relative with whom the child has, under section 36 of the Child Care Act 1991, been placed by the Executive,
(d) a person who has care and charge of the qualified child in the household of that person, or
(e) a foster parent.
(3B) Regulations under this section may provide that where the qualified child does not reside with either of his or her parents, one of his or her parents may, for the purposes of this Part, be determined as the person with whom that child normally resides if—
(a) in the case of the mother of the qualified child, the mother is not dead or missing and is entitled to the custody of the child whether solely or jointly with any other person, or
(b) in the case of the father of the qualified child, the father is not dead or missing and is entitled to the custody of the child whether solely or jointly with any person other than the mother of the qualified child,
and the mother or, as the case may be, the father has not abandoned or deserted the qualified child and is contributing to the support of the child.
(3C) Where a qualified child does not normally reside with one of his or her parents or the spouse of one of his or her parents and the child resides in the household of a person referred to in paragraph (c), (d) or (e) of subsection (3A), for the purposes of subsection (1) regulations under this section may provide that the relative, person or foster parent shall be regarded as the person with whom the qualified child normally resides.
(3D) Without prejudice to subsection (3C), the regulations may specify a period for which the qualified child is required to be resident in the household concerned for the purpose of determining that the relative, person or foster parent shall be regarded as being the person with whom the qualified child normally resides and such period shall not be less than 6 months.
(3E) Where a person who has been determined, in accordance with this section and regulations made under it, to be a qualified person—
(a) abandons or deserts the qualified child concerned, or
(b) fails to contribute to the maintenance of the qualified child concerned,
the qualified person shall cease to be a qualified person for the purposes of this Part.
(3F) Where a person ceases, in accordance with subsection (3E), to be a qualified person, regulations under this section may provide for determining the person with whom, subsequent to such cessation, the child is regarded as normally residing.
(3G) Regulations under this section may provide for determining the normal residence of a qualified child—
(a) where a person with whom the qualified child normally resides dies, and
(b) where the parents of the qualified child are separated or living apart.]
Editorial Notes:
E1330
Power pursuant to subs. (2)(a) exercised (21.11.2011) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Civil Partnership) Regulations 2011 (S.I. No. 604 of 2011), art. 14, which substitutedSocial Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 159(3).
E1331
Power pursuant to subs. (2)(a) 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), arts. 3 and 4, which substitutedSocial Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 159(4) and inserted art. 159(8).
E1332
Power pursuant to subs. (2)(a) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 159, in effect as per art. 2.
E1333
Previous affecting provision: power pursuant to statutory precursor of subs. (2)(a) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 91, in effect as per art. 2; amended (31.07.2000) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 11) (Child Benefit) Regulations 2000 (S.I. No. 265 of 2000), art. 2(a); 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.