S.I. No. 120/1967:

SOCIAL WELFARE (CHILDREN'S ALLOWANCES) (NORMAL RESIDENCE) RULES, 1967.

SOCIAL WELFARE (CHILDREN'S ALLOWANCES) (NORMAL RESIDENCE) RULES, 1967.

I, JOSEPH BRENNAN, Minister for Social Welfare, in exercise of the powers conferred on me by subsection (2) of section 5 of the Children's Allowances (Amendment) Act, 1946 (No. 8 of 1946), hereby prescribe the following rules for determining for the purpose of subsection (1) of the said section 5 with whom a qualified child shall be regarded as normally residing :

1. These rules may be cited as the Social Welfare (Children's Allowances) (Normal Residence) Rules, 1967.

2. 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.

3. A qualified child who is resident with one only of the persons mentioned in Rule 2, 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 Rule 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 Rule 7.

4. 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.

5. 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.

6. 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.

7. A qualified child, to whom none of the foregoing rules 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.

8. Where the normal residence of a qualified child falls to be determined under Rule 4, Rule 5 or Rule 6 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 Rule 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 Rule 7.

9. 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.

10. The Children's Allowances (Normal Residence) Rules, 1946 (S.R. and O. 1946. No. 152), the Children's Allowances (Normal Residence) Rules, 1947 (S.R. and O. 1947. No. 168) and the Social Welfare Children's Allowances) (Normal Residence) Rules, 1952 ( S.I. No. 224 of 1952 ) are hereby revoked.

GIVEN under my Official Seal, this 12th day of May, 1967.

JOSEPH BRENNAN,

Minister for Social Welfare.

EXPLANATORY NOTE.

For the purposes of the Social Welfare (Children's Allowances) Acts a qualified child can be regarded as normally residing only with one person. These Rules, which supersede the Children's Allowances (Normal Residence) Rules, 1946 and 1947 and the Social Welfare (Children's Allowances) (Normal Residence) Rules, 1952, determine the person with whom a qualified child shall be regarded as normally residing. They contain the provisions of the superseded rules with minor changes, and in addition make special provision in regard to illegitimate and deserted or abandoned children.