Childcare Support Act 2018

7

Persons eligible to apply for financial support

7. (1) For the purposes of this Act, a person may make an application for financial support in respect of a child if—

(a) the person or his or her partner is a parent of the child,

(b) the person or his or her partner is—

(i) ordinarily resident in the State, or

(ii) an applicant within the meaning of section 2 of the Act of 2015, or

(iii) a programme refugee within the meaning of section 59 of the Act of 2015, or

F4[(iiia) a person who has been given a permission to reside in the State under section 60(6) of the Act of 2015, which permission is valid, or]

(iv) a national of a Member State of the European Union, of the Swiss Confederation or of a State which is a contracting State to the EEA Agreement, or

F5[(iva) a citizen of the United Kingdom of Great Britain and Northern Ireland, or]

(v) formerly employed or self-employed in the State, provided that the formerly employed or self-employed person continues to be covered against one of the contingencies listed in Article 3 of Regulation 883/20041 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, whether by means of a statutory entitlement under the Act of 2005 or through a voluntary contract of insurance,

(c) the child is under the age of 15 years,

(d) the person or his or her partner has care of the child for the period of time each week in respect of which the financial support is payable,

(e) the person and the child have a personal public service number,

(f) the person is not in receipt of financial support under section 14 in respect of that child, and

(g) in the case of income-related financial support, the person’s partner and any other children who reside with him or her have a personal public service number.

(2) For the purposes of this section, a person who does not have a right to reside in the State shall not be regarded as being ordinarily resident in the State.

Annotations

Amendments:

F4

Inserted (26.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 25(a), S.I. No. 374 of 2022.

F5

Inserted (31.12.2020 at 11 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 130, (S.I. No. 676 of 2020).

Editorial Notes:

E1

Previous affecting provision: subs. (1)(b)(iva) inserted by Health and Childcare Support (Miscellaneous Provisions) Act 2019 (36/2019), s. 10, not commenced; repealed (17.12.2020) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 4(b), S.I. No. 634 of 2020.