Children's Allowances Act, 1944
In short
This law, the Children's Allowances Act, 1944, establishes a system for paying allowances to individuals who maintain a certain number of children. It outlines the conditions for eligibility, the amount of the allowance, and administrative procedures.
What it regulates
- The grouping of the State into regions for administrative purposes.
- The appointment of a day for the Act's commencement and the fixing of payment periods.
- The conditions under which children's allowances are paid.
- The establishment of panels of referees and the appointment of investigation and deciding officers.
Who it concerns
- Individuals who maintain three or more children under the age of sixteen years.
- The Minister for Industry and Commerce, who is responsible for administering the Act.
Key points
- An allowance is paid weekly at a rate of two shillings and six pence for each qualified child in excess of two.
- A "child" is defined as a person under the age of sixteen years.
- To be eligible, a person must have been resident in a specific region on the qualifying date and either be an Irish citizen or have been resident in the State for the two years immediately preceding that date.
- The right to an allowance, once accrued, is not affected if a child dies, turns sixteen, or loses other qualifications after the qualifying date.
Legal text
Children's Allowances Act, 1944 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.
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- s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1944 Children's Allowances Act, 1944 Children's Allowances Act, 1944 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 2 of 1944. CHILDREN'S ALLOWANCES ACT, 1944. ARRANGEMENT OF SECTIONS Section 1. Definitions generally. 2. Regions, appointed day, payment periods for regions and qualifying dates in relation to payment periods. 3. Children's allowances. 4. Establishment of panel of referees. 5. Investigation officers. 6. Duties and powers of investigation officers. 7. Deciding officers. 8. Claims for children's allowances and appeals. 9. Revision of awards and decisions. 10. Powers of referees to take evidence on oath. 11. Repayment of children's allowances overpaid. 12. Penalty for false statements. 13. Birth certificates. 14. Exclusion of children's allowances in assessment of damages under the Fatal Accidents Acts and compensation under the Workmen's Compensation Acts. 15. Exclusion of children's allowances in reckoning means, etc. 16. Children's allowances to be inalienable. 17. Application of Pension Books (Prohibition of Alienation) Act, 1932. 18. Time limit for obtaining payments on account of children's Allowances. 19. Power to remove difficulties. 20. Regulations. 21. Administrative expenses. 22. Short title. Acts Referred to Workmen's Compensation Act, 1934 No. 9 of 1934 Pension Books (Prohibition of Alienation) Act, 1932 No. 1 of 1932 Number 2 of 1944. CHILDREN'S ALLOWANCES ACT, 1944. AN ACT TO MAKE PROVISION FOR THE PAYMENT OF ALLOWANCES IN RESPECT OF CHILDREN AND TO PROVIDE FOR OTHER MATTERS CONNECTED THEREWITH. [23rd February, 1944.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Definitions generally. 1.—In this Act— the expression “allowance book” means any document issued by the Minister to a person and upon the delivery or production or in respect of the possession of which by such person on or after a date indicated expressly or by implication in such document any children's allowance is payable to such person; the expression “the appointed day” means the day appointed by the order to be made under sub-section
- a)group the State into such and so many areas as he thinks fit and declare each such area to be a region for the purposes of this Act, (
- b)appoint a day to be the appointed day for the purposes of this Act, (
- c)fix the period (which shall commence on the appointed day) which is to be the first payment period for each region, and in making the order the Minister may fix first payment periods of different durations for different regions.
- a)each of the following periods shall be a payment period for a particular region— (
- i)the first payment period for that region, (
- ii)each successive period of twenty-six weeks after the said first payment period; (
- b)the qualifying date in relation to each payment period for a region shall be such date preceding the said payment period as may be prescribed. Children's allowances. 3.—
- a)was, on the qualifying date in relation to a payment period for a particular region, resident in that region, and (
- b)either is an Irish citizen or was, for the two years immediately preceding the said qualifying date, resident in the State, and (
- c)was maintaining, on the said qualifying date, three or more children who are qualified children on the said qualifying date, and (
- d)has, within the prescribed time and in the prescribed manner, applied for the payment during the said payment period of a children's allowance, then, subject to this section, the following provisions shall have effect, that is to say— (
- i)such person, upon complying with the prescribed conditions as to identification, shall, during the said payment period, be paid, out of moneys provided by the Oireachtas, a weekly allowance calculated at the rate of two shillings and six pence for each such qualified child in excess of two, (
- ii)the right of such person to payment of such children's allowance during the said payment period shall, for the purposes of this section, be deemed to have accrued on the said qualifying date and shall not be affected by reason of any of such children, after the said qualifying date, dying, attaining the age of sixteen years or ceasing to possess any one or more of the qualifications by virtue of which he was a qualified child on the said qualifying date.
- a)for the purposes of this sub-section— the word “current”, in relation to a payment period for a region, means the payment period for that region during which the change of residence took place. the word “next”, in relation to a payment period for a region, means the payment period for that region next following the current payment period for that region, the expression “the purposes of the residential condition” means the purposes of paragraph (
- a)of sub-section
- b)in case the change of residence took place before the appointed day, the following provisions shall have effect— (
- i)such person shall, for the purposes of the residential condition, be deemed not to have been resident in the former region on the qualifying date in relation to the first payment period for the former region, (
- ii)if such person complies with the prescribed conditions in relation to notification of change of residence, he shall, for the purposes of the residential condition, be deemed to have been resident in the new region on the qualifying date in relation to the first payment period for the new region; (
- c)in case the change of residence took place on or after the appointed day, the following provisions shall have effect, that is to say— (
- i)if such person complies with the prescribed conditions in relation to notification of change of residence, he shall continue after the change of residence to be entitled to payment during the current payment period for the former region of the said children's allowance, but shall not so continue unless and until he has so complied, (
- ii)if such person was at the date of change of residence entitled to payment of a children's allowance during the next payment period for the former region, he shall cease to be so entitled, (iii) if such person complies with the prescribed conditions in relation to notification of change of residence, he shall, for the purposes of the residential condition, be deemed to have been resident in the new region on the qualifying date in relation to the current payment period for the new region and, if not resident in the new region on the qualifying date in relation to the next payment period for the new region, to have been so resident, but the children's allowance (if any) payable to him during the current or the next payment period for the new region shall not be payable during any week which falls within any payment period for the former region.
- a)subject to paragraph (
- b)of this sub-section, a child shall be regarded as being maintained by the person mentioned in whichever of the following subparagraphs is applicable— (
- i)where the child normally resides with his father, the father, (
- ii)where the child normally resides with his step-father, the step-father, (iii) where the child normally resides with his mother, who is a widow or is living apart from her husband, the mother, (
- iv)where the child normally resides with his step-mother, who is a widow or is living apart from her husband, the step-mother, (
- v)where the child is being educated at a boarding school or is boarded out for the sole purpose of attending school, the person with whom he would otherwise normally reside, (
- vi)where the child is an inmate of a hospital, the person with whom he would otherwise normally reside, (vii) where the child is an inmate of an institution (other than a hospital) and would otherwise normally reside with a person who contributes towards the cost of his maintenance in the institution, that person, (viii) in any case to which none of the foregoing sub-paragraphs is applicable, the head of a household of which the child is normally a resident member, and the child shall be deemed not to be maintained by any other person; (
- b)in any case to which any two of subparagraphs (
- i)to (
- iv)of paragraph (
- a)of this sub-section are applicable, the child shall be regarded as being maintained by the person mentioned in the first in order of the applicable subparagraphs and shall be deemed not to be maintained by any other person; (
- c)a child shall be a qualified child on the qualifying date in relation to a payment period for a region if, but only if, on the said qualifying date, the child— (
- i)was alive, and (
- ii)was ordinarily resident in the State, and (iii) was not detained in a reformatory or an industrial school, and (
- iv)was not permanently resident in any institution, the costs of his maintenance wherein are wholly defrayed by the governing body of that institution, or out of moneys provided by the Oireachtas, or out of the funds of a local authority, or are wholly defrayed in any two or more of such ways.
- a)to an award or decision relating to a matter which has been referred to a referee or referees under the immediately preceding section, or (
- b)if the time for making an application to have the matter to which the award or decision relates referred to a referee or referees has not expired, or (
- c)to an award made by a deciding officer for the purpose of giving effect to a decision given by a referee or referees, unless, in a case falling within .paragraph (
- a)or paragraph (
- b)of this sub-section, the person on whose application the reference was made or who is entitled to apply to have the matter referred, as the case may be, consents.
- a)where by virtue of the revised award or decision a children's allowance will become payable to any person or a children's allowance will be increased, it shall take effect— (
- i)if made or given by reason of a new fact having been brought to the notice of a deciding officer, as from the date on which the application for revision was made, (
- ii)in any other case, as from the date on which the original award or the original decision took effect; (
- b)where by virtue of the revised award or decision a children's allowance will cease to be payable or be reduced, it shall take effect— (
- i)if made or given owing to the original award or the original decision having been made or given by reason of any statement or representation (whether written or oral) which was to the knowledge of the person making it false or misleading in a material respect, as from the date on which the original award or the original decision took effect, or (
- ii)in any other case, as from the date on which notice of the revised award or decision is given to the person concerned.
- a)who, for the purpose of obtaining or continuing a children's allowance, either for himself or for any other person, or for the purpose of obtaining or continuing a children's allowance for himself or for any other person at a rate higher than that appropriate to the case, knowingly makes any statement or representation (whether written or oral) which is to his knowledge false or misleading in any material respect, or (
- b)who knowingly obtains payment of, or continues to receive, a children's allowance to which he is not entitled, or (
- c)who knowingly obtains or receives any payment as on account of a children's allowance which for any reason whatsoever is not payable to him, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or to imprisonment for any term not exceeding three months.
- a)as means for the purposes of— (
- i)the Old Age Pensions Acts, 1908 to 1938, or (
- ii)the Unemployment Assistance Acts, 1933 to 1940, or (iii) the Widows' and Orphans' Pensions Acts, 1935 to 1940, or (
- b)for the purposes of any abatement provisions in any enactment relating to superannuation or pensions.
- Application of Pension Books (Prohibition of Alienation) Act,
- 17.—Every allowance book shall be deemed, for the purposes of the Pension Books (Prohibition of Alienation) Act, 1932 (No. 1 of 1932), to be a document to which the said last-mentioned Act applies, and the said last-mentioned Act shall be construed and have effect accordingly. Time limit for obtaining payments on account of children's allowances. 18.—A sum shall not be paid on account of a children's allowance if payment of the sum is not obtained within three months after the date on which it has become payable. Power to remove difficulties. 19.—
- a)for prescribing the manner in which and the times at which children's allowances are to be paid; (
- b)for prescribing the procedure to be followed on references under this Act, and for applying for the purposes of any such reference any of the provisions of the Common Law Procedure Amendment Act (Ireland), 1856, and for excluding the application of any of the other provisions of that Act; (
- c)for enabling a person to whom a children's allowance is payable to nominate another person to receive the said children's allowance on behalf of the first-mentioned person; (
- d)for authorising in such cases as may be prescribed the payment of any sum by way of children's allowance during any period intervening between the making of any claim or the referring of any question and the final determination of the claim or question; (
- e)for providing that, notwithstanding anything contained in section 18 (which relates to time limit for obtaining payments on account of children's allowances) of this Act, but subject to the regulations— (
- i)in the case of the death of a person who was in receipt of a children's allowance, payment may be made of any sum which became payable within three months before the date of his death on account of the children's allowance, but has not been paid, and (
- ii)in the case of the death of a person who being entitled to a children's allowance had made a claim thereto, payment may be made of any sum which, if his claim had been allowed immediately before his death, would have become payable on account of the children's allowance up to the date of his death; (
- f)for providing that, subject to the regulations, probate or other proof of the title of the personal representatives of the deceased person may be dispensed with in the case of any such sum as is mentioned in the immediately preceding paragraph, and that any such sum may be paid or distributed to or among the persons appearing in manner provided by the regulations to be entitled to receive the said sum or any part thereof, either as being persons beneficially entitled thereto under any testamentary instrument or as next of kin, or as being creditors of the deceased person, or to or among any one or more of such persons exclusive of the others, or, in the case of any illegitimacy of the deceased person or any child of his, to or among such person or persons as may be directed by the regulations; (
- g)for prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.