Social Welfare Act, 1952
|
Amendment of section 3 of Principal Act. |
109.—(1) The following section shall be inserted in the Principal Act in lieu of section 3:— | |
“3. (1) In this Act and in the Seventh Schedule to the Social Welfare Act, 1952, as applied by the Act— | ||
‘orphan’ means— | ||
(a) a qualified child, being a legitimate child, both of whose parents are dead and who, where he has a stepparent, does not normally reside with the stepparent or a person married to and living with the stepparent, or | ||
(b) a qualified child, being an illegitimate child, whose mother is dead and whose father is dead or unknown and who, if there is a surviving husband of his mother, does not normally reside with that husband or a woman married to and living with that husband; | ||
‘qualified child’ means a person who— | ||
(a) is under the age of sixteen years, | ||
(b) is ordinarily resident in the State, and | ||
(c) is not detained in a reformatory or an industrial school; | ||
‘the husband’, in relation to a woman who has been married more than once, refers only to her last husband. | ||
(2) Where a qualified child becomes adopted under any Act providing for the adoption of children (whether passed before or after the commencement of this section), for the purposes of this Act— | ||
(a) the child shall thereafter be treated as if he were the the child of the adopter or adopters born to him, her or them in lawful wedlock and were not the child of any other person and, if he was an orphan immediately before the adoption, as having ceased to be an orphan, and | ||
(b) if there is one adopter only, in any application after the adoption with respect to the child of the definition of ‘orphan’ contained in subsection (1) of this section, ‘the parent of whom is dead’ shall be substituted in paragraph (a) of that definition for ‘both of whose parents are dead’. | ||
(3) Any question relating to the normal residence of a qualified child shall, for the purposes of this Act and of the Seventh Schedule to the Social Welfare Act, 1952, as applied by this Act, be decided in accordance with subsection (2) of section 5 of the Children's Allowances (Amendment) Act, 1946 (No. 8 of 1946), and the rules under that subsection, but no qualified child in respect of whom, on the 3rd day of July, 1952, an allowance was payable under this Act shall be considered as not satisfying the requirements as to normal residence. | ||
(4) Where a child would be a qualified child but for being ordinarily resident in an appointed country, he shall be treated, for the purposes of Part II of this Act, as if he were a qualified child.” | ||
(2) Subsection (1) of this section shall come into operation on the 4th day of July, 1952. |