Social Welfare (Miscellaneous Provisions) Act 2004

SCHEDULE 1

Section 17 .

Item

Provision of Principal Act Amended

Nature of Amendment

1.

Section 120 (as amended by section 6 of the Social Welfare (Miscellaneous Provisions) Act 2002 ).

Insert the following subsection after subsection (7):

“(8) A person shall not be entitled to an allowance under this section unless he is habitually resident in the State at the date of the making of the application therefor.”.

2.

Section 134.

(a) In paragraph (a), delete “and”.

(b) In paragraph (b), substitute “with section 136; and” for “with section 136.”.

(c) Insert the following paragraph after paragraph (b):

“(c) the person must be habitually resident in the State at the date of the making of the application therefor.”.

3.

Section 143 (as amended by section 19 of the Social Welfare Act 1996 ).

Insert the following subsection after subsection (2):

“(3) A person shall not be entitled to a pension under this section unless he is habitually resident in the State at the date of the making of the application therefor.”.

4.

Section 148 (as amended by section 9 of the Social Welfare (Miscellaneous Provisions) Act 2003 ).

Insert the following subsection after subsection (4):

“(5) A person shall not be entitled to a pension under this section unless he is habitually resident in the State at the date of the making of the application therefor.”.

5.

Section 158 (as amended by section 21 of the Act of 2001).

Insert the following subsection after subsection (5):

“(6) A one-parent family payment shall not be payable to a qualified parent under this Chapter unless the qualified parent is habitually resident in the State at the date of the making of the application therefor.”.

6.

Section 164.

Substitute the following section for section 164:

“Entitlement to Allowance.

164.—(1) Subject to this Act, an allowance (in this Act referred to as carer's allowance) shall, in such circumstances and subject to such conditions as may be prescribed, be payable to a carer.

(2) A carer shall not be entitled to an allowance under this section unless he is habitually resident in the State at the date of the making of the application therefor.”.

7.

Chapter 11 of Part III.

Insert the following section after section 173:

“Exclusion of persons not habitually resident in the State.

173A.—A person shall not be entitled to an allowance (other than an allowance under sections 181 and 182) under this Chapter unless he is habitually resident in the State at the date of the making of the application therefor.”.

8.

Section 191B (as amended by section 21 of the Social Welfare Act 2000 ).

Insert the following subsection after subsection (4):

“(5) A person shall not be entitled to disability allowance under this section unless he is habitually resident in the State at the date of the making of the application therefor.”.

9.

Section 193.

(a) In subsection (1), substitute “Subject to subsection (3), a person” for “A person”.

(b) Insert the following subsection after subsection (2):

“(3) A qualified person, other than a person to whom paragraph (a), (b) or (c) of section 192(2) applies, shall not be qualified for child benefit under this section unless he is habitually resident in the State at the date of the making of the application therefor.”.

10.

Part VI.

Insert, in Chapter 2, the following section:

“Provision with respect to habitual residence.

208A.—(1) For the purpose of each of the provisions of this Act specified in subsection (3), it shall be presumed, until the contrary is shown, that a person is not habitually resident in the State at the date of the making of the application concerned unless he has been present in the State or any other part of the Common Travel Area for a continuous period of 2 years ending on that date.

(2) In subsection (1) ‘other part of the Common Travel Area’ means the United Kingdom of Great Britain and Northern Ireland, the Channel Islands and the Isle of Man.

(3) The provisions of this Act mentioned in subsection (1) are:

sections 120(8), 134(c), 143(3), 148(5), 158(6), 164, 173A, 191B(5) and 193(3).”.