Social Welfare Consolidation Act 2005

Amounts of child benefit.

[1993 s194(1); 1994 s5(1)]

221

221.F1236[(1) Subject to this Act, a qualified person shall be paid a monthly benefit of F1237[140] in respect of each qualified child.]

F1238[(1A) Notwithstanding section 219(1)(b), for the purposes of subsection (1B) and section 221A, qualified child shall include a child who, having attained the age of 18 years is under the age of 19 years and is

(a) receiving full-time education, the circumstances of which shall be specified in regulations, or

(b) by reason of physical or mental infirmity, incapable of self-support and likely to remain so incapable for a prolonged period,

and

(c) ordinarily resident in the State, and

(d) not detained in a children detention school and is not undergoing imprisonment or detention in legal custody.

(1B) Payment of child benefit in respect of a child referred to in subsection (1A) shall be made to a person qualified for child benefit at half the appropriate amount set out in column (1) or column (2) of Part 4 of Schedule 4, or at half the appropriate amount as determined in accordance with subsection (2)(a) or (2)(b).

(1C) The payment referred to in subsection (1B) shall cease to be payable on 31 December 2009.]

[1993 s194(2); 1998 s6(2)]

F1239[(2) Notwithstanding anything in this Part, the monthly benefit payable to a qualified person in respect of a qualified child whose birth was part of

(a) a multiple birth of 2 children, of whom 2 remain qualified, shall be 150 per cent of the amount specified in subsection (1), or

(b) a multiple birth of 3 or more children, of whom

(i) not less than 3 remain qualified, shall be 200 per cent of the amount specified in subsection (1),

(ii) not less than 2 remain qualified, shall be 150 per cent of the amount specified in subsection (1), or

(iii) one remains qualified, shall be payable at the amount specified in subsection (1).]

[1993 s194(3)]

(3) F1240[]

[1993 s194(4); 2001 s37 & Sch F]

(4) F1240[]

[1993 s194(5)]

(5) F1240[]

[1993 s194(6)]

(6) F1240[]

[1996 s5; 2001 s37 & Sch F]

(7) F1240[]

[1993 s194(7); 1998 s6(2)]

(8) F1240[]

Annotations

Amendments:

F1236

Substituted (1.01.2015) by Social Welfare and Pensions (No. 2) Act 2014 (41/2014), s. 2(1)(a)(i), commenced as per subs. (2).

F1237

Substituted (1.01.2016) by Social Welfare and Pensions Act 2015 (47/2015), s. 7(1), commenced as per subs. (2).

F1238

Inserted (1.01.2009) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 20(1)(b), commenced as per subs. (2).

F1239

Substituted (1.01.2015) by Social Welfare and Pensions (No. 2) Act 2014 (41/2014), s. 2(1)(a)(ii), commenced as per subs. (2).

F1240

Deleted (1.01.2012) by Social Welfare Act 2011 (37/2011), s. 8(3), commenced as per subs. (2).

Editorial Notes:

E1334

Power pursuant to subs. (1A)(a) 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), arts. 160(2)(a)— in effect as per art. 2.

E1335

Power pursuant to subs. (1A)(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), art. 5, which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 160(1).

E1336

Power pursuant to subs. (1A)(a) 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.

E1337

Previous affecting provision: subs. (1) substituted (1.01.2013) by Social Welfare Act 2012 (43/2012), s. 8(1), commenced as per subs. (3); substituted (1.01.2015) as per F-Note above.

E1338

Previous affecting provision: subs. (1) substituted (1.01.2012) by Social Welfare Act 2011 (37/2011), s. 8(1), commenced as per subs. (4); substituted (1.01.2013) as per E -Note above.

E1339

Previous affecting provision: subs. (1) substituted (1.01.2011) by Social Welfare Act 2010 (34/2010), s. 5(1), commenced as per subs. (3); substituted (1.01.2012) as per E-Note above.

E1340

Previous affecting provision: subs. (1) amended (29.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 17 and sch. 3, S.I. No. 334 of 2006; substituted (1.01.2011) as per E-Note above.

E1341

Previous affecting provision: subs. (2) amended (29.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 17 and sch. 3, S.I. No. 334 of 2006; substituted (1.01.2015) as per F-Note above.