PART IV

CHILD BENEFIT

[1983, s. 12(1); 1986, s. 17(1); 1991, s. 6(2)]

192.—(1) A child shall be a qualified child (in this Part referred to as “a qualified child”) for the purposes of child benefit if—

(a) he is under the age of 16 years, or

(b) having attained the age of 16 years he is under the age of 18 years and—

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

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

(c) he is ordinarily resident in the State, and

(d) he is not detained in a reformatory or an industrial school and is not undergoing imprisonment or detention in legal custody.

[1981, s. 223(2); 1984, s. 10]

(2) Notwithstanding subsection (1), a child who resides with a qualified person while such person (being a member of the Defence Forces or 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, shall be a qualified child for the purposes of this Part.

[1981, s. 224(1); 1986, s. 17(1)]

193.—(1) 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”.

[1981, s. 224(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 maintenance in that institution, he shall be regarded as normally residing with the person with whom in accordance with the rules made under paragraph (a) he would be determined to be normally residing if he were not resident in an institution but, where the person with whom he 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 would normally be a member if he were not resident in an institution.

[1991, s. 5(1); 1993, s. 38(1)]

194.—(1) Subject to this Act, a person who is qualified for child benefit shall, so long as he remains so qualified, be paid out of moneys provided by the Oireachtas a monthly benefit of the amount set out in column (1) of Part III of the Fourth Schedule in respect of each of the first 3 qualified children and, in addition, the amount set out in column (2) of that Part in respect of each qualified child (if any) in excess of 3.

[1981, s. 225(2); 1986, s. 17(1)]

(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 multiple birth of 3 or more children of whom not less than 3 remain qualified shall be double the benefit that would have been payable if this subsection had not been enacted.

[1993, s. 5(3)]

(3) Subject to this Act, a person who is qualified for child benefit shall be paid a grant in accordance with subsection (4) in respect of 2 or more qualified children where the birth of each child was part of the same multiple birth.

[1993, s. 5(3)]

(4) The amount of the grant payable in accordance with subsection (3) shall be £200 if the qualified children are 2 in number, £300 where they are 3 in number and £400 if they exceed 3 in number.

[1993, s. 5(4)]

(5) Subsection (3) of this section shall apply in the case of any multiple birth occurring on or after the 1st day of July, 1993.

[1981, s. 225(4)]

(6) A grant under subsection (3) shall become payable on the date of birth of the last-born of the qualified children of the multiple birth.

[1981, s. 225(5); 1986, s. 17(1)]

(7) Payment of a grant under subsection (3) shall be in addition to any child benefit payable by way of a monthly benefit under this Part in respect of the children concerned.

195. —Income from child benefit shall not be reckoned for the purpose of any abatement provisions in any enactment relating to superannuation or pensions.

196. —Where a qualified person is for the time being absent from the State, an application on his behalf in respect of child benefit may be accepted from such person as the Minister thinks fit.