asked the Minister for Social Welfare if he will give the definition of "normal residence" as applied in the child benefit scheme.
Written Answers. - Child Benefit Scheme.
28.
This area of the social welfare code is covered by the Social Welfare (Child Benefit) (Normal Residence) Rules 1974 (S.I. No. 198 of 1974) and I am including the relevant extracts from this legislation for the information of the Deputy. Usually, a child is regarded as being normally resident with its mother. It is necessary however to provide for other situations — such as orphans, widowers, desertion or re-marriage — where the child is, where possible, regarded as being normally resident with the woman who has its custody or care.
Lest the Deputy should have it in mind, I should also mention the question of being ordinarily resident in the State which is normally a requirement for entitlement to child benefit. There are, however, a number of exceptions to this requirement which can arise in a variety of circumstances — such as persons working in one EC State and resident in another or members of the Defence Forces on foreign service.
It would take too long to go into each possible situation in this reply but, if the Deputy has any particular case or issue in mind, I would be glad to explain the position in detail on receipt of particulars.
Extracts from the Social Welfare (Child Benefit) (Normal Residence) Rules 1974 (S.I. No. 198 of 1974)
Rule 2
A qualified child who is resident with more than one of the following persons — his mother, his step-mother, his father, his step-father shall be regarded as normally resident with the person first so mentioned and with no other person.
Rule 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.
Rule 4
A qualified child, whose mother is alive and who is resident elsewhere than with a parent or a step-parent, shall, where his mother is entitled to his custody whether solely or jointly with any other person, be regarded as normally residing with his mother and with no other person.
Rule 5
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 person other than his mother, be regarded as normally residing with his father and with no other person.
Rule 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 mother and 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 mother and with no other person.
Rule 7
A qualified child, to whom none of the foregoing rules applies, shall be regarded as normally residing with the woman who has care and charge of him in the household of which he is normally a member and with no other person provided that where there is no such woman in that household he shall be regarded as normally residing with the head of that household and with no other person.
Rule 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.
Rule 9
A qualified child who is a refugee from another country shall be regarded as normally residing with the woman who has care and charge of him in the household, in the State, of which he is for the time being a member and with no other person provided that where there is no such woman in that household he shall be regarded as normally residing with the head of that household and with no other person.