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Ireland

Social Welfare Act, 1974

In short

This law, the Social Welfare Act, 1974, primarily amends and extends existing social welfare legislation concerning various benefits and allowances. It focuses on clarifying and updating rules related to the "normal residence" of children for social welfare purposes and makes specific provisions regarding children's allowances.

What it regulates

  • The determination of a child's "normal residence" for different social welfare benefits.
  • Amendments to the Old Age Pensions Acts, Unemployment Assistance Acts, Widows' and Orphans' Pensions Acts, and Social Welfare (Children's Allowances) Acts.
  • Provisions for children resident in institutions regarding children's allowances.
  • Rules for existing claims for children's allowances by mothers or step-mothers upon the commencement of this Act.

Who it concerns

  • Claimants and pensioners receiving old age pensions, unemployment assistance, or widows' and orphans' pensions, particularly those with qualified children.
  • Individuals receiving or eligible for children's allowances, especially mothers or step-mothers.
  • Qualified children, including those residing in institutions.

Key points

  • Any question about a qualified child's "normal residence" for the purposes of the Social Welfare Act, 1952, and related acts, will be decided according to regulations made under subsection (6) of section 2 of the Social Welfare Act, 1952.
  • For old age pensions, a "qualified child" can include a person over 18 and under 21 who is in full-time education and would otherwise be a qualified child, if they normally reside with the claimant or pensioner (or their spouse/head of household).
  • If a qualified child is in an institution, they are considered to normally reside with the person they would reside with if not in the institution, unless that person has abandoned the child, in which case they reside with the head of the household they would normally be part of.
  • Existing children's allowance claims by mothers or step-mothers are treated as valid claims upon the Act's commencement.
Legal text
Legal text

Social Welfare Act, 1974 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.

  1. ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
  2. ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1974 Social Welfare Act, 1974 Social Welfare Act, 1974 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 12 of 1974 SOCIAL WELFARE ACT, 1974 ARRANGEMENT OF SECTIONS PART I Preliminary and General Section 1. Short title, construction and collective citation. 2. Commencement. 3. Definitions. PART II Normal Residence of Children 4. Amendment of section 2 of Act of 1952 (normal residence). 5. Miscellaneous amendments consequential on section 4. 6. Amendment of section 77 of Act of 1952 (old age pensions). 7. Amendment of Fourth Schedule to Act of 1952 (death grant for qualified child). PART III Children's Allowances 8. Amendment of section 5

(2)of Act of 1946 (children resident in institutions).
  1. Avoidance of new claims for certain children's allowances by mother or step-mother. Acts Referred to Children's Allowances (Amendment) Act, 1946 1946, No. 8 Social Welfare Act, 1952 1952, No. 11 Social Welfare (Occupational Injuries) Act, 1966 1966, No. 16 Social Welfare Act, 1970 1970, No. 12 Social Welfare Act, 1973 1973, No. 10 Unemployment Assistance (Amendment) Act, 1935 1935, No. 38 Widows' and Orphans' Pensions Act, 1935 1935, No. 29 Number 12 of 1974 SOCIAL WELFARE ACT, 1974 AN ACT TO AMEND AND EXTEND THE OLD AGE PENSIONS ACTS, 1908 TO 1973, THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 TO 1973, THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1973, THE SOCIAL WELFARE (CHILDREN'S ALLOWANCES) ACTS, 1944 TO 1973, AND THE SOCIAL WELFARE ACTS, 1952 TO
  2. [12th June, 1974] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART I Preliminary and General Short title, construction and collective citation. 1.—
(1)This Act may be cited as the Social Welfare Act, 1974.
(2)This Act— (
  1. a)in so far as it amends and extends the Old Age Pensions Acts, 1908 to 1973, shall be construed as one with those Acts and may be cited together with them as the Old Age Pensions Acts, 1908 to 1974, (
  2. b)in so far as it amends and extends the Unemployment Assistance Acts, 1933 to 1973, shall be construed as one with those Acts and may be cited together with them as the Unemployment Assistance Acts, 1933 to 1974, (
  3. c)in so far as it amends and extends the Widows' and Orphans' Pensions Acts, 1935 to 1973, shall be construed as one with those Acts and may be cited together with them as the Widows' and Orphans' Pensions Acts, 1935 to 1974, (
  4. d)in so far as it amends and extends the Social Welfare (Children's Allowances) Acts, 1944 to 1973, shall be construed as one with those Acts and may be cited together with them as the Social Welfare (Children's Allowances) Acts, 1944 to 1974, (
  5. e)in so far as it amends and extends the Social Welfare Acts, 1952 to 1973, shall be construed as one with those Acts and may be cited together with them as the Social Welfare Acts, 1952 to 1974. Commencement. 2.—This Act shall come into operation on such day as the Minister for Social Welfare appoints by order. Definitions. 3.—In this Act— “the Act of 1946” means the Children's Allowances (Amendment) Act, 1946 ; “the Act of 1952” means the Social Welfare Act, 1952 ; “the Act of 1966” means the Social Welfare (Occupational Injuries) Act, 1966 ; “the Act of 1970” means the Social Welfare Act, 1970 ; “the Act of 1973” means the Social Welfare Act, 1973 . PART II Normal Residence of Children Amendment of Section 2 of Act of 1952 (normal residence). 4.—Section 2 of the Act of 1952 is hereby amended by the substitution of the following subsection for subsection
(6): “
(6)Any question relating to the normal residence of a qualified child shall, for the purposes of this Act, be decided in accordance with regulations made under this subsection.”. Miscellaneous amendments consequential on section 4. 5.—
(1)Section 3 of the Widows' and Orphans' Pensions Act, 1935 (inserted by section 109 of the Act of 1952) is hereby amended by the substitution of the following subsection for subsection
(3): “
(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 the regulations made under subsection
(6)(inserted by the Social Welfare Act, 1974) of section 2 of the Social Welfare Act, 1952 .”.
(2)Subsection (1A) (inserted by section 98 of the Act of 1952) of section 4 of the Unemployment Assistance (Amendment) Act, 1935 , is hereby amended by the substitution for the last paragraph of the following: “any question relating to the normal residence of a child shall, for the purposes of the Unemployment Assistance Acts, 1933 to 1974, be decided in accordance with the regulations made under subsection
(6)(inserted by the Social Welfare Act, 1974) of section 2 of the Social Welfare Act, 1952 .”.
(3)Section 1 of the Act of 1966 is hereby amended by the substitution of the following subsection for subsection
(5): “
(5)Any question relating to the normal residence of a child qualified for the purposes of this Act shall, for the purposes of this Act, be decided in accordance with the regulations made under subsection
(6)(inserted by the Social Welfare Act, 1974) of section 2 of the Social Welfare Act, 1952 .”.
(4)Section 22 of the Act of 1970 is hereby amended by the substitution of the following subsection for subsection
(4): “
(4)Any question relating to the normal residence of a qualified child shall, for the purposes of this section and the regulations thereunder, be decided in accordance with the regulations made under subsection
(6)(inserted by the Social Welfare Act, 1974) of section 2 of the Act of 1952.”.
(5)Section 8 of the Act of 1973 is hereby amended by the substitution of the following subsection for subsection
(4): “
(4)Any question relating to the normal residence of a qualified child shall, for the purposes of this section and the regulations thereunder, be decided in accordance with the regulations made under subsection
(6)(inserted by the Social Welfare Act, 1974) of section 2 of the Act of 1952.”. Amendment of section 77 of Act of 1952 (old age pensions). 6.—Section 77 of the Act of 1952 is hereby amended by the substitution for subsection (2B) (inserted by section 24 of the Act of 1970) of the following subsection: “(2B) In this section ‘qualified child’ in relation to a claimant or pensioner means— (a) a qualified child as defined in section 2
(1)of this Act, who is determined in accordance with regulations made under section 2
(6)of this Act to be normally residing with the claimant or pensioner, or (b) where the claimant or pensioner is a woman who is not a widow, a qualified child as defined in section 2
(1)of this Act who is determined in accordance with regulations made under section 2
(6)of this Act to be normally residing with the husband of the claimant or pensioner or with the head of the household in which she resides, or (c) where the claimant or pensioner is a widow— (i) a qualified child as defined in section 2
(1)of this Act, or (ii) a person who is over the age of eighteen years and under the age of twenty-one years, is receiving full-time instruction by day at any university, college, school or other educational establishment and would, if he were under the age of eighteen years, be a qualified child as defined in section 2
(1)of this Act, who is determined in accordance with regulations made under section 2
(6)of this Act to be normally residing with her.”. Amendment of Fourth Schedule to Act of 1952 (death grant for qualified child). 7.—The Fourth Schedule to the Act of 1952 is hereby amended by the substitution for the definition (inserted by the Act of 1970) of “relevant insured person” of the following definition:— “‘relevant insured person’ means— (
  1. a)in case the deceased person was a qualified child— (
  2. i)the father or mother of such deceased person, or (
  3. ii)the person with whom such deceased person at the date of death is determined in accordance with regulations made under subsection
(6)(inserted by the Social Welfare Act, 1974) of section 2 of the Social Welfare Act, 1952 , to have been normally residing or with whom he would have been normally so residing if he had not been committed to a reformatory or an industrial school, or (iii) the spouse of the person referred to at subparagraph (ii) of this paragraph, (b) in any other case—the deceased person or the spouse of the deceased person,”. PART III Children's Allowances Amendment of section 5
(2)of Act of 1946 (children resident in institutions). 8.—Subsection
(2)of section 5 of the Act of 1946 is hereby amended by the substitution of the following paragraph for paragraph (c): “(
  1. c)where a qualified child is resident in an institution and contributions are made towards the cost of his maintenance in that institution, he shall be regarded as normally residing with the person with whom in accordance with the rules made under paragraph (
  2. a)of this subsection he would be determined to be normally residing if he were not resident in an institution but, where the person with whom he would thus be regarded as normally residing has abandoned or deserted the child, the child shall be regarded as normally residing with the head of the household of which he would normally be a member if he were not resident in an institution.”. Avoidance of new claims for certain children's allowances by mother or step-mother. 9.—
(1)Where, immediately before the commencement of this Act, the mother or step-mother of a qualified child was in receipt of a children's allowance in respect of that child, having been nominated in accordance with regulations made under the Social Welfare (Children's Allowances) Acts, 1944 to 1973, to receive the allowance, she shall on becoming the qualified person in respect of that child be treated as having made the claim for that allowance.
(2)Where, immediately before the commencement of this Act, a person who was qualified for a children's allowance in respect of a qualified child had not so nominated the mother or step-mother of the child to receive the allowance, that person if he ceases to be a qualified person at the commencement of this Act shall be treated as having been so nominated by the qualified person to receive the allowance unless and until the qualified person otherwise elects.
(3)In this Act “children's allowance”, “qualified child” and “qualified person” have the meanings respectively assigned to them by section 1
(1)of the Act of 1946. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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