First Previous (PART II Normal Residence of Children)

12 1974

SOCIAL WELFARE ACT, 1974

PART III

Children's Allowances

Amendment of section 5 (2) of Act of 1946 (children resident in institutions).

8.—Subsection (2) of section 5 of the Act of 1946 is hereby amended by the substitution of the following paragraph for paragraph (c):

“(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) of this subsection 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.”.

Avoidance of new claims for certain children's allowances by mother or step-mother.

9.—(1) Where, immediately before the commencement of this Act, the mother or step-mother of a qualified child was in receipt of a children's allowance in respect of that child, having been nominated in accordance with regulations made under the Social Welfare (Children's Allowances) Acts, 1944 to 1973, to receive the allowance, she shall on becoming the qualified person in respect of that child be treated as having made the claim for that allowance.

(2) Where, immediately before the commencement of this Act, a person who was qualified for a children's allowance in respect of a qualified child had not so nominated the mother or step-mother of the child to receive the allowance, that person if he ceases to be a qualified person at the commencement of this Act shall be treated as having been so nominated by the qualified person to receive the allowance unless and until the qualified person otherwise elects.

(3) In this Act “children's allowance”, “qualified child” and “qualified person” have the meanings respectively assigned to them by section 1 (1) of the Act of 1946.