Social Welfare (No. 2) Act, 1985

Amount of increases payable in respect of qualified child normally resident with beneficiary in certain cases.

4.—(1) Subject to subsection (2), any increase of benefit or pension, as the case may be, payable pursuant to section 21, 32, 44, 55, 81, 86 or 91 of the Principal Act in respect of a qualified child who normally resides with a beneficiary or pensioner and with the spouse of a beneficiary or pensioner shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary or pensioner is not an adult dependant, and the said sections 21, 32, 44, 55, 81, 86 and 91 shall be construed and have effect accordingly.

(2) The provisions of subsection (1) shall not apply in any case where a spouse of a beneficiary or pensioner is living apart from the beneficiary or pensioner, as the case may be, and is not making a financial contribution to the maintenance of the qualified child.