S.I. No. 309/1992:

SOCIAL WELFARE (CHILD BENEFIT) REGULATIONS, 1992.

SOCIAL WELFARE (CHILD BENEFIT) REGULATIONS, 1992.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3, 223 (as amended by section 6 of the Social Welfare Act, 1991 (No. 7 of 1991)), 231 and 232 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981 ), by section 59 of the Social Welfare Act, 1991 , and by section 28 of the Social Welfare Act, 1991 (as amended by section 48 of the Social Welfare Act, 1992 (No. 5 of 1992)) and after consultation with An Post, hereby makes the following Regulations:--

PART I General

1. These Regulations may be cited as the Social Welfare (Child Benefit) Regulations, 1992.

2. In these Regulations--

"the Principal Act" means the Social Welfare (Consolidation) Act, 1981 ;

"academic year" means a period in which a course of instruction or part of a cycle of education takes place in a calendar year or a period in which a course of instruction or part of a cycle of education commences in one calendar year and finishes in the next following calendar year;

"beneficiary" means a person entitled to child benefit;

"claimant" means a person who has made a claim for child benefit;

"Department" means the Department of Social Welfare;

"institution of education" means--

( a ) a school,

( b ) a college,

( c ) a university,

( d ) any institution providing a course of instruction approved by the Minister for Education or the National Council for Educational Awards or C.E.R.T. Limited, or

( e ) any other institution approved by the Minister for Social Welfare;

"qualified person" means a person with whom a qualified child normally resides.

3. The Regulations specified in Schedule B to these Regulations are hereby revoked.

PART II ADMINISTRATION

Chapter 1 Claims and Payments

4. Every claim for child benefit shall be made to the Minister in the form for the time being approved by him or in such other manner as the Minister may accept as sufficient in the circumstances.

5. Where a claim for child benefit is incomplete, the Minister may treat the claim as having been duly made under these Regulations if it is properly completed within two months after the date on which the claimant is requested to do so.

6. (1) Every claimant shall furnish such certificates, documents, information and evidence as may be required to determine the claim.

(2) Every beneficiary and every person by whom child benefit is receivable on behalf of a beneficiary shall--

( a ) furnish to the Department such certificates, documents and information in relation to any right to child benefit or for the payment thereof, and

( b ) give notice to the Department of any change of circumstances which affects the right to child benefit or to the receipt thereof, as soon as is reasonably practicable after the occurrence of any such change of circumstances.

7. Where child benefit is awarded on a claim made in accordance with articles 4 and 6 of these Regulations, the benefit shall commence to accrue as follows--

( a ) on the 1st day of the month following that in which the claimant became a qualified person, provided that the claim has been made within the three months commencing on the 1st day of that month,

( b ) in the case where a qualified person failed to make a claim within the time prescribed in sub-paragraph (a) of this article and the Minister is satisfied that there were exceptional or extenuating circumstances for delay in making the claim -- on the 1st day of the month following that in which the claimant became a qualified person,

( c ) in the case of a claim made by a person who becomes a qualified person by and on the death of another person who had been entitled to child benefit at the date of death -- on the 1st day of the month following that in which the claim is made or, at the discretion of the Minister, on the 1st day of the month following that in which the claimant became a qualified person,

( d ) in any other case -- on the 1st day of the month following that in which the claim is made.

8. Where, on account of a relevant change of circumstances, a deciding officer or an appeals officer, as the case may be, revises a decision in accordance with section 300 of the Principal Act, the revised decision shall take effect as follows--

( a ) where, by virtue of the revised decision the rate of child benefit will be increased--

(i) as from the 1st day of the month following that in which the additional child becomes normally resident with the claimant, provided that the claim is made within three months commencing on the 1st day of that month,

(ii) in any other case -- as from the 1st day of the month following that in which the claim is made, or

( b ) where by virtue of the revised decision child benefit will be disallowed or reduced--

(i) as from the 1st day of the month following that in which there was a change of circumstances in any case where in relation to such change of circumstances there was a statement or representation (whether written or oral) which was to the knowledge of the person making it false or misleading in any material respect or there was any wilful concealment of a material fact,

(ii) in any other case -- as from the 1st day of such month as a deciding officer or appeals officer may determine having regard to the change of circumstances.

9. (1) Subject to sub-article (2) of this article, child benefit may be paid in advance on the first Tuesday in each month as the Minister may direct by means of:

( a ) orders (in these Regulations referred to as child benefit orders) payable at a post office designated by the qualified person, or

( b ) child benefit orders payable at a bank designated by the qualified person, or

( c ) by direct credit transfer to an account nominated by the qualified person and where child benefit is so paid, the qualified person shall be deemed to have received such payment.

(2) The Minister may arrange for the payment of child benefit otherwise than in accordance with sub-article (1) of this article where the circumstances so warrant.

Chapter II Payments to Persons other than the Qualified Person

10. (1) Where a claimant or beneficiary is unable for the time being to act, the Minister may, subject to such conditions as he thinks fit, appoint some other person to exercise on behalf of the claimant or beneficiary any right or power which the claimant or beneficiary may be entitled to exercise under these Regulations and any such person may receive and deal with any sum payable by way of child benefit on behalf of such claimant or beneficiary.

(2) An appointment made under this article shall terminate on the day on which the Minister receives notice that a Committee of the estate of the claimant or beneficiary has been appointed.

(3) Anything required to be done to a claimant or beneficiary in relation to child benefit may be done, as respects a claimant or beneficiary who is unable to act, to the person appointed under this article to act on his behalf.

11. (1) A beneficiary may, with the consent of the Minister, nominate some other person to receive child benefit on his behalf and every such nomination shall be in such form as the Minister may determine and may be revoked with effect from such date as the Minister may permit by giving written notice to the Minister.

(2) The Minister may withdraw his consent to a nomination under this article whenever he thinks fit, and in such case the nominated person shall, on receipt of a notice of such withdrawal, return the book of child benefit orders to such person as the Minister may direct.

(3) The receipt of a person nominated under this article shall be a good discharge to the Minister for any sums paid to such person on behalf of the beneficiary.

PART III Payments on Death.

12. In this Part "sum payable on death" in relation to a deceased person means--

( a ) where he was entitled to child benefit, any sum on account of such benefit which became payable within six months before the date of his death but has not been paid,

( b ) where he applied for child benefit for which he was qualified and died before his claim was allowed, any sum which would have become payable on account of such benefit up to the date of his death, if his claim had been allowed immediately before his death.

13. Subject to these Regulations, the Minister may pay a sum payable on death if a claim to such sum is made to him within six months of the date of death or such longer time as the Minister may determine, having regard to the circumstances of the particular case.

14. (1) Any sum payable on death may be paid or distributed by the Minister without probate or other proof of title of the personal representatives of the deceased person as follows:--

( a ) Where the deceased person died leaving a will or other testamentary writing, the sum payable on death may be paid or distributed to or among such of the persons appearing to be beneficially entitled thereto under the said will or testamentary writing as the Minister thinks proper, to the exclusion of all others, without prejudice to any remedy which such others may have for recovery of the sum so paid or distributed as aforesaid against the person or persons receiving that sum,

( b ) where the deceased person dies intestate, the sum payable on death may be paid or distributed to or among such persons as appear to the Minister to be beneficially entitled thereto, whether as next-of-kin or otherwise according to law or as creditors (including any person entitled to be paid or repaid the funeral expenses of the deceased person), or to or among such of the said persons as the Minister thinks fit to the exclusion of all others.

(3) Where the Minister is satisfied that any sum or part thereof payable under this article is needed for the benefit of any person under the age of sixteen, he may obtain a good discharge therefor by paying the sum or part thereof to a person over that age who satisfies the Minister that he will apply the sum so paid for the benefit of the person under the age of sixteen.

(4) The Minister upon making any payment in accordance with this article shall be discharged from all liability in respect of any sum or sums so paid.

PART IV Full-Time Education.

15. (1) Subject to this Part a child shall be regarded as receiving full-time education while he is attending on a full-time basis a course of full-time instruction by day at an institution of education.

(2) Subject to article 17 of these Regulations, for the purposes of sub-article (1) of this article a course of full-time instruction at an institution of education shall not be regarded as including a course of training or instruction--

( a ) provided or approved by An Foras Áiseanna Saothair (other than a course known as YOUTHREACH) and in respect of which an allowance is payable, or

( b ) which forms part of an employment or work experience program, or

( c ) which arises from employment, or

( d ) which comprises, in an academic year, a period of work experience in respect of which remuneration is paid, where such period exceeds the time spent receiving instruction or tuition at an institution of education, or

( e ) provided or approved by Teagasc, where, in an academic year such training or instruction comprises a period of work experience which exceeds the time spent receiving instruction or tuition at an institution of education.

16. (1) For the purposes of sub-article (1) of article 15 of these Regulations a child shall be regarded as continuing to receive full-time education--

( a ) for periods during an academic year when that child is not attending an institution of education arising from the temporary interruption to the provision of a course of full-time instruction or part of a cycle of education by an institution of education, and

( b ) for the period immediately following the completion by that child of part of a cycle of education, where such part finishes between the 1st day of May and the 30th day of June in an academic year, up to and including the 30th day of the next following September.

(2) Paragraph (b) of sub-article (1) of this article shall not apply to a child who completes the final part of a cycle of education, and terminates his attendance at a course of full-time instruction at an institution of education.

17. Sub-article (2) of article 15 of these Regulations shall not operate so as to disentitle a beneficiary where immediately before the 4th day of October, 1991 the child was regarded as receiving full-time instruction by day at a university, college, school or other institution of education by virtue of his participation in a course of training or instruction specified in that sub-article.

PART V Provision of Information.

18. (1) Every institution of education shall, on request, provide the Minister with the following information as the Minister may request in respect of each person who is registered or enrolled, as the case may be, as a student at such institution at the commencement of each academic year and who ceases to attend at such institution prior to the completion of the relevant academic year--

( a ) name

( b ) address

( c ) date of birth

( d ) the date on which the student ceased to attend the institution of education.

(2) The information requested under sub-article (1) of this article shall be submitted by the institution of education in such format as is acceptable to the Minister and shall be sent, within 30 days of the receipt of a request for such information from the Minister, to such office of the Department as may be specified by the Minister.

PART VI Miscellaneous

19. Where a claimant or beneficiary changes his place of residence he shall notify the Minister in writing thereof within twenty-one days after such change of residence.

20. Where a book of child benefit orders has been lost or destroyed, the person to whom the book was issued shall notify the Minister immediately in writing of such loss or destruction, and the Minister may issue a new book to that person, subject to such conditions as he thinks fit.

21. (1) A book of child benefit orders issued to any person shall remain the property of the Minister.

(2) Any person to whom a book of child benefit orders has been issued shall when requested by the Minister return such book to such person as the Minister may direct.

22. Any notice or other document required or authorised to be sent to any person for the purpose of these Regulations shall be deemed to be duly sent if sent by post, addressed to him at his ordinary address, as notified to the Minister.

23. A person who fails to comply with the provisions of sub-article (2) of article 6, sub-article (2) of article 11 or sub-article (2) of article 21 of these Regulations shall be guilty of an offence and shall be liable on summary conviction thereof, at the discretion of the court, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding one year, or to both such fine and imprisonment.

24. The provisions of the enactments mentioned in column (1) of Schedule A to these Regulations shall apply to child benefit and in such application shall be so modified so that the said provisions shall read as set out in column (2) of the said Schedule.

SCHEDULE A

Article 24

SCHEDULE B

Regulations Revoked

Article 3

GIVEN under the Official Seal of the Minister for Social Welfare, this 19th day of October, 1992.

CHARLIE McCREEVY,

Minister for Social Welfare.

EXPLANATORY NOTE.

These Regulations consolidate and update the regulatory provisions relating to the Child Benefit scheme.

Part I provides for the necessary definitions and for the repeal of existing regulations relating to the Child Benefit scheme. Parts II and III deal with the various claims and payment provisions, including provision for alternative methods of payment of Child Benefit. Part IV specifies the circumstances in which Child Benefit is payable in respect of a child between the age of 16 years and 18 years in full-time education. Part V introduces a new requirement that institutions of education must provide details of all students who cease attending the institution prior to the completion of the academic year. Part VI contains certain miscellaneous provisions.