Social Welfare (Miscellaneous Provisions) Act 2003

• Permanent Page URL

Qualified child — extension of entitlement.

5.—(1) The Principal Act is amended—

(a) in section 2, by substituting the following for subsections (3), (4) (inserted by section 38 of the Social Welfare Act 1996 ) and (4A) (inserted by section 7 of the Social Welfare (Miscellaneous Provisions) Act 2002 ):

“(3) Subject to section 114(2), in this Act ‘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) section 34(2), in the case of an applicant for disability benefit other than as referred to in paragraph (b),

(ii) section 41E(2) (inserted by the European Communities (Social Welfare) Regulations 1995 ( S.I. No. 25 of 1995 )), in the case of an applicant for health and safety benefit other than as referred to in paragraph (b),

(iii) section 45(2), in the case of an applicant for unemployment benefit other than as referred to in paragraph (b),

(iv) section 55(2), in the case of an applicant for injury benefit other than as referred to in paragraph (b), and

(v) section 121(1)(b)(ii), in the case of an applicant for unemployment assistance other than as referred to in paragraph (b),

is under the age of 18 years or is of or over the age of 18 years, and is regarded as attending a course of study referred to in section 126(3)(a),

and

(b) for the purposes of—

(i) sections 60(9), 62(1), 82D(1), 87(2), 91(2), 99(2), 104(1), 106, 116A, 128(1)(b), 136(1), 148(1), 159(1), 165(1), 191C(1)(b), 191N(1)(b) and 198,

(ii) section 34(2), in the case of an applicant who, in respect of any period of interruption of employment has been entitled to or is in receipt of disability benefit for not less than 156 days, or, subject to such conditions and in such circumstances as may be prescribed, has been entitled to or has been in receipt of disability benefit and a relevant payment for not less than 156 days,

(iii) section 41E(2), in the case of an applicant who, in respect of a period of health and safety leave under the Maternity Protection Act 1994, has been entitled to or is in receipt of health and safety benefit for not less than 156 days, or, subject to such conditions and in such circumstances as may be prescribed, has been entitled to or has been in receipt of health and safety benefit and a relevant payment for not less than 156 days,

(iv) section 45(2) or section 121(1)(b)(ii), in the case of an applicant who, in any continuous period of unemployment as read in accordance with section 120(3), has been entitled to or is in receipt of unemployment benefit or unemployment assistance for not less than 156 days, or, subject to such conditions and in such circumstances as may be prescribed, has been entitled to or has been in receipt of unemployment benefit or unemployment assistance and a relevant payment for not less than 156 days, and

(v) section 55(2), as it applies to disablement pension or in the case of an applicant who, in respect of any period of interruption of employment, has been entitled to or is in receipt of injury benefit and a relevant payment for not less than 156 days, subject to such conditions and in such circumstances as may be prescribed,

and for the purposes of this paragraph—

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

(II) is of or over the age of 18 years and under the age of 22 years and is receiving full-time education, the circumstances of which shall be specified in regulations, or

(III) is of or over the age of 18 years and is regarded as attending a course of study referred to in section 126(3)(a).

(3A) In subsection (3) ‘relevant payment’ means any benefit specified in section 30(1) (other than old age (contributory) pension) or any assistance specified in section 118(1) (other than old age (non-contributory) pension).

(4) (a) Notwithstanding subsection (3)(b)(II), a person receiving full-time education, in accordance with that provision, who attains the age of 22 years during an academic year shall continue to be regarded as a qualified child for the purposes of that provision, while receiving full-time education for the duration of that academic year.

(b) In this subsection ‘academic year’ has the same meaning as in section 126(2).

(4A) (a) Subject to paragraph (b) and notwithstanding subsection (3)(a), a person who attains the age of 18 years while attending a full-time day course of study, instruction or training at an institution of education, shall continue to be regarded as a qualified child for the purposes of that subsection until the earlier of the next following 30 June or until he or she completes the full-time day course.

(b) For the purposes of paragraph (a), the Minister may prescribe the conditions subject to which a person shall be regarded as attending a full-time day course of study, instruction or training at an institution of education.

(c) In this subsection—

‘institution of education’ has the same meaning as in section 126(2);

‘relevant payment’ means any benefit specified in section 30(1) (other than old age (contributory) pension) or any assistance specified in section 118(1) (other than old age (non-contributory) pension).”,

(b) in section 170 (as amended by section 28 of the Act of 1997), by deleting the definition of “child dependant”, and

(c) by inserting the following after section 170:

(2) This section comes into operation—

(a) in so far as it relates to unemployment assistance, pre-retirement allowance and farm assist, on 24 September 2003,

(b) in so far as it relates to unemployment benefit, on 25 September 2003, and

(c) in so far as it relates to disability benefit, health and safety benefit, injury benefit and supplementary welfare allowance, on 29 September 2003.