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Index: Part 1 Legislative background Part 2 Definition of a Qualified Child - Ordinarily resident in the State - Not detained in a reformatory or industrial school - Satisfy the condition as to Age - Age in full-time - Courses excluded from the definition of full-time education Part 3 Payment of Increase for a Qualified Child (IQC) - Dependency or unemployment of the child not required - Schemes where IQC is not payable - Overlapping Payments Part 4 Normal residence - Normally resident with his/her parents - A qualified child who is resident with one parent only - If the parents are separated - Substantial contribution by the other parent - If one parent is dead - Head of the household - Child residing in an Institution - Refugees Part 5 Rate of Increase for a Qualified Child payable - Full and half-rate increase for a Qualified Child - Earnings Limit Appendix 1 Part 1 Legislative background The main legislative provisions for the payment of Increase for a Qualified Child are:- - Part I of the Social Welfare Consolidation Act 2005, as amended, see especially Section 2(3). - Part I of the Social Welfare (Consolidated Claims, Payments and Control) Regulations, 2007, (hereinafter referred to as 'S.I. 142/2007') See in particular Articles 12 and 13, and Article 83 inserted by SI 426/96, as amended. Part 2 Definition of a qualified child Section 2(3) of the Social Welfare Consolidation Act 2005, (as amended) defines the term "qualified child". A qualified child must: - Be ordinarily resident in the State - Not be detained in a children detention school - Satisfy the condition as to Age 2.1 Ordinarily resident in the State The usual abode of the child must be in the State. The IQC may be paid for a qualified child temporarily absent from the State for a particular reason, e.g. educational activities, if the Deciding Officer is satisfied that the child's normal residence remains in the State and with the claimant (see Section 4). (See "Absence from the State" Guidelines for exceptions.) 2.2 Not detained in a children detention school The child must not be held in legal custody in the Oberstown Children Detention Campus, in Lusk, Co. Dublin. The IQC may be paid for child detainees who are released from detention in Oberstown prior to their release date subject to provisions in Part 10 of The Children Act 2001 (as amended). In such cases the onus is on the claimant to present the relevant release papers from Oberstown / the Probation Service (or other relevant authority) before the IQC is paid. 2.3 Satisfy the conditions as to age Under 18 An IQC is payable in respect of qualified children until age 18 on all schemes where IQCs apply*. Note: From January 2012 onwards, qualification for One-Parent Family Payment is dependent on, among other conditions, the age of the youngest child in the family being seven or under. If a person qualifies for OFP based on this, payment of an IQC for any other child(ren) will continue until reach 18 years, or 22 years if they are in full-time education. Most customers who no longer qualify for an OFP payment because the youngest child is aged between 7 and 13 will transfer to the Jobseeker’s Transitional payment (JST). *See Section 2.2 for details of schemes where no IQCs apply. Over 18 and under 22 An IQC is payable where the child is in full time education and the customer is in receipt of: - a long-term DEASP payment or - a short-term payment ie JB, JA, IB, Injury Benefit or Health and Safety Benefit for 156 days or has an accumulation of at least 156 days of relevant DEASP payments. See list of relevant payments in Appendix 1. Where a student reaches 18 during the academic year, but the customer is in receipt of a short-term payment and does not satisfy the 156 days requirement, the IQC will continue to be paid in respect of that child up to the 30th June following the birthday or until s/he completes the full-time day course, whichever is the earlier. Where a student reaches age 22 during an academic year, payment of the IQC is continued for the duration of that academic year, provided s/he remains in full-time education until then. 2.4 Age in full-time education Full-time education The Department of Education & Skills and the Higher Education Authority consider a person to be in full-time education where s/he is attending, a course which awards 60 ECTS credits* per annum within the traditional academic year of September to May. The number of hours per week on the course can vary significantly and there are no rules regarding the number of contact hours a student must have. Where the college offering the course designates this as full-time, it will mean the course has a full-time work-load. Please check with the relevant authorities should queries arise regarding specific courses. *European Credit Transfer and Accumulation (ECTS) is a standard for comparing the study attainment and performance of students of higher education across the European Union and other collaborating European countries. For successfully completed studies, ECTS credits are awarded. One academic year corresponds to 60 ECTS credits that are equivalent to 1500 – 1800 hours of study in all countries irrespective of standard or qualification type and is used to facilitate transfer and progression throughout the Union Course of study/instruction A course of study is a full-time day course of study, instruction or training at an institution of education. A person is regarded as attending a course of study for the duration of the academic year (i.e. the period in which a course of study commences in one year and finishes in the next following year) and Academic Year An academic year is a period in which a course of study commences in one year and finishes in the next following year. This includes term vacations. Therefore, the IQC remains in payment during school holidays, for vacation periods between college years and providing that the child does not qualify for a primary payment in her/his own right. It remains in payment for the 3 months following the completion of the Leaving Certificate examination only; this does not apply to final year of any other academic programme. Institutions of education The following are the main forms of institutions of education recognised for the purposes of the payment of an IQC. Click here for a full list of eligible institutions recognised by the Minister for Education and Skills - a school/college - a university - a national university of Ireland or a recognised college - Institutes of Technology - Colleges of Education - Other State-aided institutions of education (see linked list) - An institution providing a Youthreach course 2.5 Courses excluded from the definition of full-time education The following courses are excluded from the definition of full-time education for the purposes of awarding the IQC:- - courses provided by or on behalf of Solas or an Education and Training Board where an allowance is payable (unless it is a Youthreach course) - courses which form part of a work experience programme - courses which arise from employment - courses which comprise in an academic year, a period of paid work experience, where such period of paid work experience is greater than the time spent receiving tuition or instruction at an institution of education Part 3 Payment of Increase for a qualified child (IQC) An increase for a qualified child is payable in respect of each qualified child who normally resides with the claimant (see Section 4). An IQC is payable only once, at any one time, in respect of any child. 3.1 Dependency or unemployment of the child not required It is not a requirement that a qualified child be financially dependent on the claimant. It is possible for a child to be in remunerative full-time employment and still be admitted as a qualified child. A child in respect of whom child maintenance is being paid by an estranged parent may be still considered a qualified child. However, payment of child maintenance can determine where the child is considered normally resident under the Social Welfare code (see Part 4). 3.2 Schemes where IQC is not payable There is no provision for payment of an Increase for a Qualified Child in the following schemes: - Working Family Payment (WFP)* (the qualifying income level on which the rate of WFP is calculated varies according to the number of qualified children) **See WFP guideline for details - Guardian's Payment (Contributory) - Guardian's Payment (Non-contributory) - Widow's, Widower's or Surviving Civil Partner's Non-contributory Pension.*** - Death Benefit by way of Orphan’s Payment *The payment formerly known as the Family Income Supplement (FIS) has been renamed the Working Family Payment (WFP), effective from 1 January 2018. ***A widow/er or surviving civil partner with dependent children may qualify for One Parent Family Payment, subject to meeting the conditions for this means-tested scheme. See the separate guideline on One-Parent Family Payment for more detail. 3.3 Overlapping payments Section 247 precludes more than one payment to, or in respect of a qualified child, for the same period, with a limited number of exceptions. An IQC is payable on any benefit, assistance or allowance in addition to any of following excluded payments: - Supplementary Welfare Allowance. - Domiciliary Care Allowance - Death benefit by way of a grant for funeral expenses. Where a person is a qualified child but is also entitled to, or in receipt of a DEASP benefit or assistance payment in his or her own right, an IQC cannot be paid in addition to this. Also, an IQC cannot be paid where a person is a qualified child, but is also the subject of an increase for a qualified adult payment on another customer’s claim, for example a 17 year old spouse or civil partner of a customer on JA. Part 4 Normal Residence To qualify for payment of IQC, the child in respect of whom the increase is claimed must be deemed to be normally resident with the person who is claiming. Article 13* of S.I. 142/2007 sets out the statutory rules for determining the normal residence of a child. Note For One-parent Family Payment, the normal residence rules are set out in Article 128 of S.I. 142/2007 and are slightly different. See One-parent Family Payment guideline. For Child Benefit purposes the rules are also different and are set out in Article 159 of S.I. 142/2007. See Child Benefit guideline. 4.1 Normally resident with his/her parents While the parents remain living together as a couple any children that they have will be deemed to be normally resident with them. 4.2 A qualified child who is resident with one parent only Where the parents of a child are living apart, the child is considered normally resident with the parent s/he is lives with. 4.3 If the parents are separated In separation cases, the child shall be considered normally resident with the parent who has legal custody, provided this parent is substantially maintaining the child. Where the child is resident part of the time with each parent, the child is considered to be normally resident with the parent with whom the child resides the most. 4.4 Substantial contribution by the other parent Where the parent with whom the child is residing is not in receipt of a social welfare payment other than - Child Benefit, - Death Benefit by way of Orphan's Pension, - Guardian's Payment (Contributory or Non-Contributory), - Carer's Support Grant, - Continued Payment for Qualified Children - Supplementary Welfare Allowance - and - the other parent is contributing substantially towards the maintenance of the child, - then the child may be deemed to be normally resident with the other parent, and would not be considered normally resident in any other household. IQC is payable only once at any one time in respect of any child i.e. Section 247 precludes more than one payment in respect of a qualified child in respect of the same period. "Contributing substantially" in this context is taken to mean at least the current equivalent of the IQC.the current equivalent value of the IQC in monetary terms or in-kind. Where the claimant is not currently making such a contribution but the Deciding Officer is satisfied that s/he would do so if IQC were awarded (e.g. if had done so previously when could afford to), then it may also be accepted that the condition is fulfilled. Contribution in-kind In some cases there may be an arrangement where the claimant has care of the child(ren) for some period/s during each week e.g. regular visits by them. An IQC may be payable in such cases if the expenses incurred equate to 'substantially contributing' to their maintenance i.e. are at least equivalent to the current IQC rate. Only costs actually incurred on behalf of the child(ren)’s maintenance can reasonably be construed as necessary (e.g. transport, meals, social activities, ensuring accommodation is suitable, cost of overnight accommodation where applicable, etc.) It will be for the Deciding Officer to consider each such case by reference to the context and all the facts. All such cases should be dealt with sensitively and sympathetically. In cases of doubt, the Decisions Advisory Office should be contacted for advice. All such cases should be dealt with sensitively and sympathetically. In cases of doubt, the Decisions Advisory Office should be contacted for advice. 4.5 If one parent is dead The child is deemed to be normally resident with the surviving parent, but only if that parent is maintaining the child. 4.6 Head of the household If the child cannot be deemed resident with either parent under the above provisions s/he shall be deemed normally resident with the head of the household with whom s/he resides. 4.7 Child residing in an institution If the person with whom s/he would be deemed normally resident under the above provisions is contributing towards the costs of the child's maintenance in the institution, then the child will be regarded as resident with that person. Contributing towards the maintenance costs of the child in the institution is taken to mean that there is a significant level of financial support by the adult in question. Expenses incurred in buying the child clothes etc. on a regular basis, or taking the child on outings or for holiday periods, would be included in the calculation for this purpose. 4.8 Refugees A qualified child who is a refugee in the State from another country shall be regarded as being normally resident with the head of the household of which the child is for the time being a member and with no other person. Rate of Increase for a Qualified Child Payable: 5.1 Full-rate and half-rate increase for a Qualified Child For most social welfare payments, a full-rate IQC is payable if the customer is receiving an Increase for a Qualified Adult (IQA) for a spouse/civil partner/cohabitant, or s/he is parenting alone. Only one increase is paid for each qualified child. If the customer and spouse, civil partner or cohabitant are both getting a social welfare payment, a half-rate IQC for each child is payable to both individuals. A half-rate increase for a qualified child is also payable when the spouse/civil partner/cohabitant has an income of between €310 and €400 a week. This does not apply to Jobseeker's Allowance (JA), Pre-Retirement Allowance (PRETA), Disability Allowance (DA) and Farm Assist (FA) as different income rules apply to these means tested payments. A half-rate IQC is paid with Carer's Allowance to a customer who is living with a spouse, civil partner or cohabitant. No IQC is payable where a customer gets a half-rate Carer's Allowance. 5.2 Earnings Limit: In the case of Jobseeker's Benefit, Illness Benefit, Injury Benefit/Disablement Benefit (Incapacity Supplement), Health and Safety Benefit, Carer’s Benefit, Invalidity Pension and State Pension (Contributory) an IQC is not payable in respect of a qualified child who resides with the claimant and the spouse/civil partner/cohabitant of the claimant where the spouse/civil partner/cohabitant has a weekly income in excess of €400.00 (from January 2007). See separate guideline on Increase for Qualified Adult. Saver clause The above condition shall not apply to a person who, immediately before the 19 January 2004 was entitled to or in receipt of a payment which included an increase in respect of the child. The saver shall continue to be effective for as long as the person continues to be entitled to or in receipt of the increase in respect of the child. It ceases if there is a break of one week or more. Appendix 1: List of relevant payments The relevant payments for the purposes of satisfying the 156 days requirement for short term schemes are as follows:- Jobseeker's Benefit Jobseeker's Allowance Farm Assist Pre-Retirement Allowance Illness Benefit Partial Capacity Benefit Occupational Injuries Benefit comprising Injury Benefit, Disablement Ben. and Death Ben. Adoptive Benefit Health & Safety Benefit Invalidity Pension Widow, Widower’s or Surviving Civil Partner’s Contributory Pension Guardian's Payment (Contributory) Widowed or Surviving Civil Partner Grant Blind Pension Carer's Benefit Widow, Widower’s or Surviving Civil Partner’s Non-Contributory Pension Carer's Allowance Supplementary Welfare Allowance Guardian’s Payment (Non-Contributory) Domiciliary Care Allowance Disability Allowance One-Parent Family Payment.
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Rialacha Chun Méadú i leith Leanbh Cáilithe (MLC) a fháil, ní do do leanbh: - Bheith ina c(h)ónaí sa Stát - Gan bheith faoi choimeád dlíthiúil - An coinníoll aoise don íocaíocht sin a shásamh - Cónaí leat Ní fhaigheann tú MLC má tá íocaíocht leasa shóisialaigh nó Liúntas Leasa Fhorlíontaigh á fháil ag do leanbh as a stuaim féin (seachas Sochar Míchumais). Áfach má tá MLC á fháil agat le linn thréimhse shaoire an tsamhraidh idir na blianta acadúla agus má bhíonn do leanbh i dteideal íocaíocht leasa shóisialaigh a fháil as a stuaim féin, leanfaidh tú leis an MLC a fháil agus laghdófar íocaíocht do linbh faoi mhéid an MLC. Ní gá go mbíonn do leanbh spléach i dtaobh cúrsaí airgeadais ort. Féadfaidh do leanbh oibriú agus airgead a thuilleamh agus ní dhéanann seo difear don mhéad a íoctar leat. Féadfaidh Méadú do Leanbh Cáilithe (MLC) a bheith iníoctha chomh maith do leanbh altrama Leanaí faoi 18 mbliana d'aois Is gnách gur leanbh a shine agus 18 mbliana d’aois a chónaíonn leat é cleithiúnaí linbh. Leanaí os cionn 18 mbliana d'aois Má tá do leanbh 18 mbliana d'aois nó níos sine, is féidir leat leanúint ag fáil an Ardaithe do Chleithiúnaí Linbh ar feadh trí mhí tar éis dó/di oideachas dara leibhéal a fhágáil nó an Ardteistiméireacht a chríochnú. Má tá tú ag fáil íocaíochta leasa shóisialaigh fhadthéarmaigh agus do pháiste in oideachas lánaimseartha, íocfar Ardú do Chleithiúnaí Linbh suas go dtí 22 bliain d'aois nó suas go dtí deireadh na bliana acadúla ina sroicheann sé/sí 22. Má tá tú ag fáil íocaíochta leasa shóisialaigh ghearrthéarmaigh ar feadh 156 lá ar a laghad gus do pháiste in oideachas lánaimseartha, íocfar Ardú Cleithiúnaí Linbh suas go dtí 22 bliain d'aois nó suas go dtí deireadh na bliana acadúla ina sroicheann Is féidir am atá caite ar íocaíochtaí leasa shóisialaigh eile a chur le chéile chun an 156 lá a bhaint amach, ach ní féidir leis an spás idir aon dhá íocaíocht a bheith níos mó ná 26 seachtaine. Cibé ar bith, ní féidir leis an spás idir na híocaíochtaí Liúntas Cuardaitheora Poist a bheith níos faide ná 52 seachtain. Ní chuimsíonn oideachas lánaimseartha oiliúint atá soláthraithe ag SOLAS áit atá liúntas íoctha nó ina bhfuil an tréimhse thaithí oibre níos mó ná an tréimhse oiliúna nó treorach nó áit a chuimsíonn oiliúint páirt de chlár fostaíochta nó taithí oibre. Eisceacht amháin is ea Youthreach. MLC neamh-iníoctha Ní fhaigheann tú Méadú i leith Leanbh Cáilithe leis na híocaíochtaí a leanas: - Forlíonadh Ioncaim Teaghlaigh - Íocaíocht Chaomhnóra (Ranníocach) - Íocaíocht Chaomhnóra (Neamh-Ranníocach) - Pinsean Baintrí, Baintrí Fir nó Páirtnéara Shibhialta Mharthanaigh (Neamh-Ranníocach) Ní fhaigheann tú MLC má tá Sochar Breoiteachta, Sochar Díobhála, Sochar Sláinte agus Sábháilteachta, Sochar Cuardaitheora Poist nó Sochar Míchumais (Forlíonadh Éagumais), Pinsean Easláinte, Sochar Cúramóra nó an Pinsean Stáit (Aistriú) agus leis an bPinsean Stáit (Ranníocach) á fháil agat agus más breis agus €400 ollioncam do chéile, do pháirtnéara shibhialta nó do chomháitritheora. MLC ráta iomláin agus leathráta I gcás thromlach na n-íocaíochtaí leasa shóisialaigh, faigheann tú Méadú ráta iomláin i leith Leanbh Cáilithe (MLC) má fhaigheann tú Méadú i leith Duine Fásta Cáilithe do do chéile, páirtnéir sibhialta nó do chomháitritheoir nó más tuismitheoir aonair thú. Faigheann tú MLC leathráta má tá ioncam de bhreis ar €310 sa tseachtain ag do chéile, páirtnéir sibhialta nó do chomháitritheoir. (Ní bhaineann seo le Liúntas Cuardaitheora Poist (LCP), Liúntas Réamhscoir (LR), Liúntas Míchumais (LM) agus le Cúnamh Feirme (CF) – féach thíos). Ní íoctar ach méadú amháin le haghaidh gach linbh. Má tá íocaíocht leasa shóisialaigh á fáil agatsa agus ag do chéile, páirtnéir sibhialta nó ag do chomháititheoir, íocfar MLC leathráta libh beirt le haghaidh gach linbh. Má fhaigheann tú Méadú i leith Duine Fásta le Liúntas Leasa Fhorlíontaigh (LLF), gheobhaidh tú MLC ráta iomláin. Níl MLC leathráta iníochta leis LLF. Íoctar MLC ráta iomláin le Liúntas Cúramóra más tuismitheoir aonair thú. Íoctar MLC leathráta le Liúntas Cúramóra má tá tú i do chónaí le do chéile, páirtnéir sibhialta nó do chomháitritheoir. Ní fhaigheann tú MLC má tá Liúntas Cúramóra leathráta á fháil agat. Is difriúil do na rialacha ioncaim le haghaidh Liúntas Cuardaitheora Poist (LCP), Liúntas Réamhscoir (LR), Liúntas Míchumais (LM) agus Cúnamh Feirme (CF). Do na híocaíochtaí seo, déantar d’ioncam iomlán teaghlaigh a mheasúnú i dtástáil mhaoine. Asbhaintear do mhaoin inmheasúnaithe ansin ón íocaíocht uasta do do chuid cúinsí leis an tsuim chruinn den LCP, LM, CF nó LR a dheimhniú a bhfuil tú ina teideal a fháil.