No. 12/1952:

SOCIAL WELFARE (CHILDREN'S ALLOWANCES) ACT, 1952.

ARRANGEMENT OF SECTIONS

1 Interpretation.

2 Cesser of section 9 of Act 1946.

3 Amendments of Act of 1946 to have effect on and after cesser of section 3 of that Act.

4 Transitional provisions.

5 Amendment of section 20 of Principal Act.

6 Consequential and minor amendments of Principal Act.

7 Attainment of age.

8 Adopted child.

9 Short title and collective citation.

AN ACT TO AMEND AND EXTEND THE CHILDREN'S ALLOWANCES ACTS, 1944 AND 1946

[14th June, 1952.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—(1) In this Act—

"the Principal Act" means the Children's Allowances Act, 1944 (No. 2 of 1944);

"the Act of 1946" means the Children's Allowances (Amendment) Act, 1946 (No. 8 of 1946).

(2) This Act shall be construed as one with The Principal Act and the Act of 1946.

2.—Section 3 of the Act of 1946 (which provides for qualifying dates for the purposes of that Act) shall cease to have effect for a category of persons on such day as the Minister appoints by order with respect to that category.

3.—Where an order is made under section 2 of this Act with respect to a category of persons, the Act of 1946 shall, on and after the day appointed by the order, have effect in relation to that category of persons subject to the following amendments:

( a ) in section 4 "on a qualifying date" and "on the said qualifying date" shall be deleted;

( b ) the following subsection shall be substituted for subsection (1) of section 5:

"(1) A person with whom two or more children who are qualified children normally reside shall be qualified for a children's allowance in respect of those children.";

( c ) the following subsection shall be substituted for subsections (1) to (4) of section 6:

"(1) Subject to the provisions of the Social Welfare (Children's Allowances) Acts, 1944 to 1952, and of the regulations thereunder, a person who is found to be qualified, for a children's allowance in respect of qualified children shall, so long as he remains so qualified, be paid, out of moneys provided by the Oireachtas, a monthly allowance at the rate of—

(i) eleven shillings for the second qualified child, and

(ii) if and so long as there are more than two qualified children, seventeen shillings and sixpence for the third and each subsequent qualified child."

4.—(1) Where a person is entitled to a children's allowance for a payment period which includes the 1st day of July, 1952—

(I) the payment period is hereby extended to the last day of the month which includes the day on which the payment period would terminate apart from this paragraph,

(II) subsection (1) of section 6 of the Act of 1946 shall have effect in relation to that person as respects that payment period as if—

(i) for "a weekly allowance for the payment period appointed for him under section 7 of this Act, at the rate of two shillings and sixpence for each such qualified child in excess of two" in paragraph (a) there were substituted "an allowance for the payment period appointed for him under section 7 of this Act, such allowance being, as respects the part of the period before the 1st day of July, 1952, weekly at the rate of two shillings and sixpence for each such qualified child in excess of two and, as respects the remainder of the period, monthly at the rate of eleven shillings for the second such qualified child and seventeen shillings and sixpence for the third and each subsequent such qualified child",

(ii) for "week" in paragraph (b) there were substituted "week or month (as may be appropriate)".

(2) Where a payment period appointed under section 7 of the Act of 1946 is to commence on or after the 1st day of July, 1952, subsection (1) of section 6 of the Act of 1946 shall have effect in relation to the person concerned as respects that payment period as if—

(I) for "weekly allowance for the payment period appointed for him under section 7 of this Act, at the rate of two shillings and sixpence for each such qualified child in excess of two" there were substituted "monthly allowance for the payment period appointed for him under section 7 of this Act at the rate of eleven shillings for the second such qualified child and seventeen shillings and sixpence for the third and each subsequent such qualified child",

(II) for "week" in paragraph (b) there were substituted "month".

5.—Subsection (1) of section 20 of the Principal Act (which specifies the matters with respect to which regulations may be made by the Minister) is hereby amended by the addition thereto of the following paragraphs:

"( h ) for prescribing the manner in which claims for children's allowances are to be made;

( i ) for prescribing the dates on which children's allowances, as awarded originally, are to commence to accrue;

( j ) for prescribing the dates on which children's allowances, as revised from time to time on account of changes of circumstances, are, notwithstanding anything contained in section 9 of this Act, to take effect;

( k ) for applying any of the provisions of or made under sections 29 and 41 to 48 of the Social Welfare Act, 1952 , to children's allowances, whether such application is with or without modifications and whether in addition to or in substitution for any provisions of the Social Welfare (Children's Allowances) Acts, 1944 to 1952."

6.—(1) Subsection (1) of section 9 of the Principal Act is hereby amended by the insertion of "or if it appears to him in a case where a children's allowance has been payable that any relevant change of circumstances has occurred," before "and the provisions of this Act".

(2) Subsection (2) of section 9 of the Principal Act is hereby amended by the addition at the end of the subsection of "or unless, in a case falling within paragraph ( c ) of this subsection, it appears to the deciding officer in a case where a children's allowance has been payable that any relevant change of circumstances has occurred".

(3) Subparagraph (i) of paragraph (a) of subsection (4) of section 9 of the Principal Act is hereby amended by the insertion of "the 1st day of the month following the month including" before "the date on which the application for revision was made".

(4) Subsection (2) of section 15 of the Principal Act is hereby amended by the substitution of "ten shillings" for "five shillings".

(5) section 18 of the Principal Act is hereby amended by the insertion of "(or, where the Minister so thinks fit, six months)" after "three months".

(6) Subparagraph (i) of paragraph (e) of subsection (1) of section 20 of the Principal Act is hereby amended by the insertion of "(or, where the Minister so thinks fit, six months)" after "three months".

7.—For the purposes of the Social Welfare (Children's Allowances) Acts, 1944 to 1952, a person shall be deemed not to have attained the age of sixteen years until the commencement of the sixteenth anniversary of the day of his birth, and similarly with respect to any other age.

8.—Where a child becomes adopted under any Act providing for the adoption of children (whether passed before or after the passing of this Act), the child shall thereafter be treated for the purposes of the Social Welfare (Children's Allowances) Acts, 1944 to 1952, as if he were 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.

9.—(1) This Act may be cited as the Social Welfare (Children's Allowances) Act, 1952 .

(2) The Principal Act, the Act of 1946 and this Act may be cited together as the Social Welfare (Children's Allowances) Acts, 1944 to 1952.