Social Welfare Consolidation Act 2005
F1241[Compensatory payment.
221A.—(1) Subject to this Act, a person shall be entitled to a payment provided for in subsection (2) where a qualified child referred to in section 221(1A) normally resides with that person and in any week—
(a) an increase in respect of that child is being paid in accordance with section 43(2), 43(3), 56(2), 56(3), 66(2), 66(3), 76(2), 76(3), 76(5), 81(5), 102(1), 102(2), 109(17), 112(2), 112(3), 113(5)(b), 113A(5)(b), 115(8)(a)(ii), 117(2), 117(3), 122(2), 122(3), 127(1), 142(1)(b)(ii), 146, 150(1)(b), 150(3), 156(1), 158, 161B(1), 161D, 174(1), 178A(3)(a), 181(1)(b)(i), 181(4), 197(b), 211(1)(b), 211(3), 215(1)(b) or 216, or
(b) F1242[working family payment] in accordance with Part 6 is being paid in respect of a family which includes a child referred to in section 221(1A).
(2) Subject to subsection (5), an amount of €15 shall be payable in respect of a child referred to in subsection (1) for each week or part thereof in which the conditions in—
(a) subsection (1)(a), or
(b) subsection (1)(b),
are satisfied until the date on which that child attains the age of 19 years.
(3) Subject to this Act, a person shall be entitled to a payment provided for in subsection (4) where a qualified child referred to in section 221(1A) normally resides with that person and in any week that child is in receipt of disability allowance in accordance with Chapter 10 of Part 3.
(4) Subject to subsection (5), an amount of €15 shall be payable in respect of a child referred to in subsection (3) for each week or part thereof in which that child is in receipt of disability allowance until the date on which that child attains the age of 19 years.
(5) The amount payable under subsection (2) or subsection (4) in respect of a child whose birth was part of—
(a) a multiple birth of 2 children, of whom 2 remain qualified, shall be €22.50, or
(b) a multiple birth of 3 or more children, of whom—
(i) not less than 3 remain qualified, shall be €30,
(ii) not less than 2 remain qualified, shall be €22.50, or
(iii) one remains qualified, shall be €15.
(6) Only one weekly amount shall be payable pursuant to subsection (2)(a), (2)(b) or (4).
(7) For the purposes of this section—
(a) the Minister may make rules for determining with whom a child referred to in section 221(1A) shall be regarded as normally residing,
(b) a child referred to in section 221(1A) shall not be regarded as normally residing with more than one person, and
(c) where a child referred to in section 221(1A) 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.
(8) Section 221(1A) and this section shall cease to have effect on 31 December 2010.]
Annotations
Amendments:
F1241
Inserted (1.01.2009) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 20(1)(c), commenced as per subs. (2).
F1242
Substituted (1.01.2018) by Social Welfare Act 2017 (38/2017), s. 8(1) and sch. 1, commenced as per subs. (3).
