S.I. No. 367/1986 - Social Welfare (Normal Residence) Regulations, 1986.

S.I. No. 367 of 1986.

SOCIAL WELFARE (NORMAL RESIDENCE) REGULATIONS, 1986.

The Minister for Social Welfare, in exercise of the powers conferred on her by section 2 (6) and section 3 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) hereby makes the following Regulations:—

1. These Regulations may be cited as the Social Welfare (Normal Residence) Regulations, 1986.

2. These Regulations shall come into operation—

(a) on the 17th day of November, 1986 for the purpose of payment of disability benefit, maternity allowance and injury benefit;

(b) on the 19th day of November, 1986 for the purpose of payment of unemployment assistance;

(c) on the 20th day of November, 1986 for the purpose of payment of retirement pension, invalidity pension and unemployment benefit;

(d) on the 21st day of November, 1986 for the purpose of the payment of any other benefit, pension, assistance or allowance under Parts II or III of the Social Welfare (Consolidation) Act, 1981 (other than orphans contributory allowance, orphans non-contributory pension or supplementary welfare allowance).

3. In these Regulations:—

"parent" includes step-parent, step-father and step-mother;

"benefit", "pension", "assistance", or "allowance" means any such payments under Parts II or III of the Social Welfare (Consolidation) Act, 1981 (other than orphans contributory allowance, orphans non-contributory pension or supplementary welfare allowance).

4. The Social Welfare (Normal Residence) Regulations, 1974 ( S.I. No. 211 of 1974 ) and the Social Welfare (Normal Residence) (Amendment) Regulations, 1978 ( S.I. No. 45 of 1978 ) are hereby revoked.

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

6. A qualified child shall, subject to the following articles, be regarded as normally residing with his parents.

7. A qualified child who is resident with one parent only, shall be regarded as normally residing with that parent and with no other person provided, where that parent is a member of a household, that the parent so elects.

8. A qualified child whose parents are separated and who is not resident with either parent shall be regarded as normally residing with the parent who has custody of the child provided that that parent is contributing substantially to the child's maintenance.

9. Notwithstanding the provisions of article 7 a qualified child resident with one parent who is living apart from the other parent and who is not claiming or in receipt of benefit, assistance, pension or allowance shall be regarded as residing with the other parent if that other parent is contributing substantially to the child's maintenance.

10. If one parent dies, a qualified child shall be regarded as normally residing with the other parent provided that that parent is maintaining the child.

11. Where the normal residence of a qualified child falls to be determined under articles 9 or 10, and the person with whom the child would thus be regarded as normally residing has abandoned or deserted the child or failed to contribute substantially to the child's maintenance, article 9 or 10 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 12.

12. A qualified child, whose normal residence does not fall to be determined under the foregoing articles, shall be regarded as normally residing with the head or heads of the household of which the child is normally a member and with no other person.

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

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

GIVEN under the Official Seal of the Minister for Social Welfare this 14th day

of November, 1986.

GEMMA HUSSEY,

Minister for Social Welfare.

EXPLANATORY NOTE.

Increases in respect of child dependants are paid to the person with whom the child is regarded as residing in accordance with the rules set out in these Regulations.

These Regulations consolidate and revise existing regulations principally to allow a child to be regarded as resident with both parents so as to enable payment of half of the increases for child dependants to be made to each spouse where neither is dependent on the other.