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Child Benefit Eligibility

Dáil Éireann Debate, Thursday - 4 July 2013

Thursday, 4 July 2013

Questions (156)

Bernard Durkan

Question:

156. Deputy Bernard J. Durkan asked the Minister for Social Protection notwithstanding her reply to previous parliamentary questions, the reason a person (details supplied) in County Kildare cannot receive child benefit in respect of their grandchildren in whose care they are while their mother is in the UK; and if she will make a statement on the matter. [32827/13]

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Written answers

As indicated in reply to PQ Ref No: 26529-13, the person concerned did not qualify for child benefit as she is not the qualified person for receipt of the payment under Social Welfare legislation.

Section 159 (1) of S.I. 142/2007 provides that the person with whom a qualified child shall be regarded as normally residing shall be determined in accordance with the following Rules.

1. Subject to Rule 2, a qualified child, who is resident with more than one of the following persons, his or her – Mother, Stepmother, Father, Step-father, shall be regarded as normally residing with the person first so mentioned and with no other person.

Section 159 (4) of S.I. 142/2007 provides that a qualified child, who is resident elsewhere than with a parent or a step-parent and whose mother is alive, shall, where his or her mother is entitled to his or her custody whether solely or jointly with any other person, be regarded as normally residing with his or her mother and with no other person.

While the mother retains custody of the children, it is not possible under Social Welfare legislation to award child benefit to any other person.

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