Children's Allowances (Amendment) Act, 1946
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Children's allowances. |
6.—(1) Where a person, who, on a qualifying date, is qualified for a children's allowance in respect of qualified children, applies therefor, within the prescribed time and in the prescribed manner, and complies with the prescribed conditions as to identification, the following provisions shall have effect:— | |
(a) the said person shall be paid, out of moneys provided by the Oireachtas, a weekly allowance for the payment period appointed for him under section 7 of this Act, at the rate of two shillings and sixpence for each such qualified child in excess of two; | ||
(b) where, but for this paragraph, a particular child would be reckoned in calculating the allowance to be paid to two or more persons in respect of the same week, that child shall be reckoned in calculating such one only of those allowances as the Minister thinks fit, and, for the purpose of giving effect to this paragraph, any other allowance otherwise payable shall be reduced or terminated accordingly; | ||
(c) the right of the said person to the said children's allowance shall not be affected by the death of any such qualified child or, subject to paragraph (d) of this subsection, by any such qualified child otherwise ceasing to satisfy the conditions mentioned in section 4 of this Act; | ||
(d) if any such qualified child ceases to satisfy the conditions mentioned in paragraph (c) of section 4 of this Act, then, at the discretion of the Minister, the said child may, in respect of the said payment period or the unexpired part thereof (as the case may be) cease to be regarded as a qualified child and the application for the said allowance shall be determined, or, if the allowance has already been awarded, the award shall be revised, accordingly. | ||
(2) Where a qualified person dies without having applied for a children's allowance the application may be accepted from such person in his stead as the Minister thinks fit. | ||
(3) Where a qualified person, having applied for a children's allowance, dies before his claim is decided, the children's allowance may be awarded to such person in his stead as the Minister thinks fit. | ||
(4) Where a person who has been awarded a children's allowance dies, the children's allowance may be paid to such person, or among such persons and in such proportions, and subject, in any case, to such conditions, as the Minister thinks fit. | ||
(5) Where a person who has been awarded a children's allowance is in prison or detained in a mental home or the Minister is satisfied that he has neglected any of the children in respect of whom the children's allowance has been awarded, then, at the discretion of the Minister, the children's allowance may cease to be paid or may be paid to such person, or among such persons and in such proportions, and subject, in any case, to such conditions, as the Minister thinks fit. | ||
(6) Where a qualified person is for the time being absent from the State, an application on his behalf in respect of a children's allowance may be accepted from such person as the Minister thinks fit. | ||
(7) A children's allowance shall be paid only within the State. | ||
(8) The expression “children's allowance” in the Act of 1944 shall mean an allowance under this section. |