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12 1974

SOCIAL WELFARE ACT, 1974

PART II

Normal Residence of Children

Amendment of Section 2 of Act of 1952 (normal residence).

4. —Section 2 of the Act of 1952 is hereby amended by the substitution of the following subsection for subsection (6):

“(6) Any question relating to the normal residence of a qualified child shall, for the purposes of this Act, be decided in accordance with regulations made under this subsection.”.

Miscellaneous amendments consequential on section 4.

5. —(1) Section 3 of the Widows' and Orphans' Pensions Act, 1935 (inserted by section 109 of the Act of 1952) is hereby amended by the substitution of the following subsection for subsection (3):

“(3) Any question relating to the normal residence of a qualified child shall, for the purposes of this Act and of the Seventh Schedule to the Social Welfare Act, 1952 , as applied by this Act, be decided in accordance with the regulations made under subsection (6) (inserted by the Social Welfare Act, 1974) of section 2 of the Social Welfare Act, 1952 .”.

(2) Subsection (1A) (inserted by section 98 of the Act of 1952) of section 4 of the Unemployment Assistance (Amendment) Act, 1935 , is hereby amended by the substitution for the last paragraph of the following:

“any question relating to the normal residence of a child shall, for the purposes of the Unemployment Assistance Acts, 1933 to 1974, be decided in accordance with the regulations made under subsection (6) (inserted by the Social Welfare Act, 1974) of section 2 of the Social Welfare Act, 1952 .”.

(3) Section 1 of the Act of 1966 is hereby amended by the substitution of the following subsection for subsection (5):

“(5) Any question relating to the normal residence of a child qualified for the purposes of this Act shall, for the purposes of this Act, be decided in accordance with the regulations made under subsection (6) (inserted by the Social Welfare Act, 1974) of section 2 of the Social Welfare Act, 1952 .”.

(4) Section 22 of the Act of 1970 is hereby amended by the substitution of the following subsection for subsection (4):

“(4) Any question relating to the normal residence of a qualified child shall, for the purposes of this section and the regulations thereunder, be decided in accordance with the regulations made under subsection (6) (inserted by the Social Welfare Act, 1974) of section 2 of the Act of 1952.”.

(5) Section 8 of the Act of 1973 is hereby amended by the substitution of the following subsection for subsection (4):

“(4) Any question relating to the normal residence of a qualified child shall, for the purposes of this section and the regulations thereunder, be decided in accordance with the regulations made under subsection (6) (inserted by the Social Welfare Act, 1974) of section 2 of the Act of 1952.”.

Amendment of section 77 of Act of 1952 (old age pensions).

6.—Section 77 of the Act of 1952 is hereby amended by the substitution for subsection (2B) (inserted by section 24 of the Act of 1970) of the following subsection:

“(2B) In this section ‘qualified child’ in relation to a claimant or pensioner means—

(a) a qualified child as defined in section 2 (1) of this Act, who is determined in accordance with regulations made under section 2 (6) of this Act to be normally residing with the claimant or pensioner, or

(b) where the claimant or pensioner is a woman who is not a widow, a qualified child as defined in section 2 (1) of this Act who is determined in accordance with regulations made under section 2 (6) of this Act to be normally residing with the husband of the claimant or pensioner or with the head of the household in which she resides, or

(c) where the claimant or pensioner is a widow—

(i) a qualified child as defined in section 2 (1) of this Act, or

(ii) a person who is over the age of eighteen years and under the age of twenty-one years, is receiving full-time instruction by day at any university, college, school or other educational establishment and would, if he were under the age of eighteen years, be a qualified child as defined in section 2 (1) of this Act,

who is determined in accordance with regulations made under section 2 (6) of this Act to be normally residing with her.”.

Amendment of Fourth Schedule to Act of 1952 (death grant for qualified child).

7.—The Fourth Schedule to the Act of 1952 is hereby amended by the substitution for the definition (inserted by the Act of 1970) of “relevant insured person” of the following definition:—

“‘relevant insured person’ means—

(a) in case the deceased person was a qualified child—

(i) the father or mother of such deceased person, or

(ii) the person with whom such deceased person at the date of death is determined in accordance with regulations made under subsection (6) (inserted by the Social Welfare Act, 1974) of section 2 of the Social Welfare Act, 1952 , to have been normally residing or with whom he would have been normally so residing if he had not been committed to a reformatory or an industrial school, or

(iii) the spouse of the person referred to at subparagraph (ii) of this paragraph,

(b) in any other case—the deceased person or the spouse of the deceased person,”.