Social Welfare Act, 1990

Definition of “qualified child”.

6.—(1) Section 2 (1) of the Principal Act is hereby amended by the substitution for the definition of “qualified child” (inserted by section 7 of the Act of 1989) of the following definition:

“‘qualified child’ means a person who is ordinarily resident in the State, is not detained in a reformatory or an industrial school, and—

(a) for the purposes of—

(i) sections 21 (2), 26A (1) and 32 (2),

(ii) section 44 (2) as it applies to injury benefit, and

(iii) section 139 (b) in the case of an applicant for unemployment assistance other than as referred to in paragraph (b),

is under the age of 18 years,

(b) for the purposes of—

(i) section 44 (2) as it applies to disablement pension,

(ii) sections 81 (2), 86 (2), 91 (2), 156B (1) (b), 161 (1) and 198I (1), and

(iii) section 139 (b) in the case of an applicant who, in any continuous period of unemployment as construed in accordance with section 135 (2), has been in receipt of unemployment benefit or unemployment assistance for not less than 390 days—

(I) is under the age of 18 years, or

(II) is of or over the age of 18 years and under the age of 20 years, and is receiving full-time instruction by day at any university, college, school or other educational establishment,

(c) for the purposes of sections 50 (9), 95 (1), 103 (1), 178 (1), 195 (1), 196 (1), 197 (1), 198A, 198B and 198C (1)—

(i) is under the age of 18 years, or

(ii) is of or over the age of 18 years and under the age of 21 years, and is receiving full-time instruction by day at any university, college, school or other educational establishment;”.

(2) Section 161 of the Principal Act is hereby amended by the substitution for subsection (1) (inserted by section 3 of the Act of 1982) of the following subsection:

“(1) The rate (in this Chapter referred to as the scheduled rate) of old age pension shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased, where there is a qualified child or there are qualified children, by the appropriate amount set out in column (4) or (5) of that Part in respect of each qualified child who normally resides with the claimant or pensioner.”.

(3) This section shall come into operation on the 1st day of September, 1990, except in so far as it relates to the definition of “qualified child” (inserted by subsection (1) of this section) in section 2 (1) of the Principal Act for the purposes of section 139 (b) of that Act it shall come into operation on the 29th day of August, 1990.