Social Welfare Consolidation Act 2005

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PART 4

Child Benefit

Qualified child.

[1993 s192(1); 1995 s5(2)]

219.—(1) A child shall be a qualified child (in this Part referred to as “a qualified child”) for the purposes of child benefit where—

(a) he or she is under the age of 16 years, or

(b) having attained the age of 16 years he or she is under the age of 19 years and—

(i) is receiving full-time education, the circumstances of which shall be specified in regulations, or

(ii) is, by reason of physical or mental infirmity, incapable of self-support and likely to remain so incapable for a prolonged period,

and

(c) he or she is ordinarily resident in the State, and

(d) he or she is not detained in a reformatory or an industrial school and is not undergoing imprisonment or detention in legal custody.

(2) Notwithstanding subsection (1), a child who resides with a qualified person and that person’s spouse while the qualified person or that person’s spouse—

(a) being a member of the Defence Forces or a civil servant in the civil service of the Government or the State, is in the service, outside the State, of the Government, the State or an international organisation,

(b) is a volunteer development worker, or

(c) is an insured person employed outside the State in respect of whom employment contributions under Part 2 are payable in accordance with regulations made under section 31 ,

shall be a qualified child for the purposes of this Part.