S.I. No. 152/1946 - Children's Allowances (Normal Residence) Rules, 1946.

STATUTORY RULES AND ORDERS. 1946. No. 152.

CHILDREN'S ALLOWANCES (NORMAL RESIDENCE) RULES, 1946.

1, SEÁN F. LEMASS, Minister for Industry and Commerce, in exercise of the powers conferred on me by subsection (2) of Section 5 of the Children's Allowances (Amendment) Act, 1946 (No. 8 of 1946), hereby prescribe the following rules for determining, for the purpose of subsection (1) of the said section 5, with whom a qualified child shall be regarded as normally residing:

1. These rules may be cited as the Children's Allowances (Normal Residence) Rules, 1946.

2. A qualified child who is resident with one only of the following persons—

his father,

his stepfather,

his mother (who is a widow or is living apart from her husband),

his stepmother (who is a widow or is living apart from herhusband),

shall be regarded as normally residing with that person and with no other person.

3. A qualified child who is resident with more than one of the persons mentioned in rule 2, shall be regarded as normally residing with the person first so mentioned and with no other person.

4. A qualified child, whose father is alive and who is resident elsewhere than with a parent or a stepparent, shall be regarded as normally residing with his father, and with no other person, if his father is entitled to his custody, whether solely or jointly with any other person.

5. A qualified child, whose mother is a widow or is living apart from her husband and who is resident elsewhere than with a parent or a stepparent, shall be regarded as normally residing with his mother and with no other person, if she is entitled to his custody, whether solely or jointly with any person other than his father.

6. A qualified child, whose mother has re-married and is living with the child's stepfather and who is resident elsewhere than with his stepfather, shall be regarded as normally residing with his stepfather, and with no other person, if his mother is entitled to his custody, whether solely or jointly with any other person.

7. A qualified child, to whom none of the foregoing rules applies, shall be regarded as normally residing with the head of the household of which he is normally a member and with no other person.

8. These rules are, in the case of a qualified child who is resident in an institution, subject to paragraph (c) of subsection (2) of section 5 of the Children's Allowances (Amendment) Act, 1946 (No. 8 of 1946).

GIVEN under my Official Seal, this 17th day of April, 1946.

SEÁN F. LEMASS,

Minister for Industry and Commerce.