S.I. No. 211/1974 - Social Welfare (Normal Residence) Regulations, 1974.

S.I. No. 211 of 1974.

SOCIAL WELFARE (NORMAL RESIDENCE) REGULATIONS, 1974.

The Minister for Social Welfare in exercise of the powers conferred on him by section 3 of the Social Welfare Act, 1952 (No. 11 of 1952) and subsection (6) of section 2 of the said Act (as amended by the Social Welfare Act, 1974 ) (No. 12 of 1974) hereby makes the following Regulations:—

1. These Regulations may be cited as the Social Welfare (Normal Residence) Regulations, 1974.

2. These Regulations shall come into operation on the 3rd day of July, 1974.

3. The person with whom a qualified child shall be regarded as normally residing shall be determined in accordance with the following articles of these Regulations.

4. A qualified child shall not be regarded as normally residing with more than one person.

5. A qualified child who is resident with more than one of the following persons:—

his father,

his step-father,

his mother,

his step-mother,

shall be regarded as normally residing with the person first so mentioned and with no other person, provided that, where the child's mother or step-mother is wholly or mainly maintaining the child and the child's father or step-father is incapable of self-support by reason of some physical or mental infirmity, the child shall be regarded as normally residing with his mother or step-mother as the case may be and with no other person.

6. A qualified child who is resident with one only of the persons mentioned in article 5, shall be regarded as normally residing with that person and with no other person provided, where that person is the mother, who is not a widow or a married woman living apart from her husband, and who is herself a member of a household, that this article shall not apply in respect of the child unless the mother so elects and, in the absence of such an election, the person with whom the child shall be regarded as normally residing shall be determined in accordance with article 10.

7. A qualified child, whose father is alive and who is resident elsewhere than with a parent or a step-parent, shall, where his father is entitled to his custody whether solely or jointly with any other person, be regarded as normally residing with his father and with no other person, save that where the child's mother or step-mother is wholly or mainly maintaining the child and the child's father is incapable of self-support by reason of some physical or mental infirmity, the child shall be regarded as normally residing with his mother or his step-mother as the case may be and with no other person.

8. 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 step-parent, shall, where his mother is entitled to his custody whether solely or jointly with any person other than his father, be regarded as normally residing with his mother and with no other person.

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

10. A qualified child, to whom none of the foregoing articles 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.

11. Where the normal residence of a qualified child falls to be determined under article 7, article 8 or article 9 and the person with whom he would thus be regarded as normally residing has abandoned or deserted the child or has failed to contribute to the child's support, the relevant article shall cease to apply in respect of that child and the person with whom the child shall be regarded as normally residing shall be determined in accordance with article 10.

12. A qualified child who is a refugee from another country shall be regarded as normally residing with the head of the household, in the State, of which he is for the time being a member and with no other person.

13. Where a qualified child is resident in an institution, he shall be regarded as normally residing only with that person (if any) who contributes towards the cost of his maintenance in the institution, and with whom he would, under these Regulations, be regarded as normally residing, if he were not resident in an institution.

GIVEN under the Official Seal of the Minister for Social Welfare this 3rd

day of July, 1974.

BRENDAN CORISH,

Minister for Social Welfare.

EXPLANATORY NOTE.

Increases of benefit, pension and assistance are payable under the social insurance and assistance schemes in respect of a qualified child normally resident with a beneficiary. These Regulations determine the person with whom a qualified child shall be regarded as normally residing. These Regulations do not apply in relation to children's allowances payable under the Social Welfare (Children's Allowances) Acts.