http___www.welfare.ie_ga_Pages_3876_How-long-does-payment-last.aspx_1.xml
1.1 2.1 3.1 4.1 5.1 6.1 7.1 8.1 9.1 10.1 11.1 12.1 13.1 14.1 15.1 16.1 17.1 18.1 19.1 20.1 21.1 22.1 23.1 24.1 25.1 26.1 27.1 28.1 29.1 30.1 31.1 32.1 33.1 34.1 35.1 36.1 37.1 38.1 39.1 40.1 41.1 42.1 43.1 44.1 45.1 46.1 47.1 48.1 49.1 50.1 51.1 52.1 53.1 54.1 55.1 55.2 55.3 56.1 57.1 58.1 59.1 60.1 61.1 62.1 63.1 64.1 65.1 66.1 67.1 68.1 69.1 70.1 71.1 72.1 73.1 73.2 74.1 75.1 76.1 77.1 78.1 79.1 80.1 81.1 82.1 82.2 83.1 84.1 85.1 86.1 87.1 88.1 89.1 90.1 91.1 92.1 93.1 93.2 94.1 95.1 96.1 97.1 97.2 98.1 99.1 100.1 101.1 102.1 103.1 104.1 104.2 105.1 106.1 107.1 107.2 107.3 107.4 107.5 108.1 109.1 110.1 110.2 111.1 112.1 112.2 113.1 114.1 115.1 116.1 117.1 118.1 119.1 120.1 121.1 122.1 123.1 124.1 125.1 126.1 127.1 128.1 129.1 130.1 131.1 132.1 133.1 134.1 135.1 136.1 136.2 136.3 136.4 137.1 138.1 139.1 139.2 139.3 140.1 140.2 140.3 141.1 142.1 143.1 144.1 145.1 146.1 147.1 148.1 148.2 149.1 150.1 151.1 152.1 152.2 153.1 154.1 154.2 154.3 155.1 156.1 157.1 157.2 158.1 159.1 159.2 160.1 161.1 161.2 161.3 162.1 163.1 163.2 164.1 164.2 165.1 166.1 166.2 166.3 167.1 168.1 169.1 170.1 171.1 172.1 173.1 174.1 175.1 176.1 177.1 178.1 178.2 179.1 180.1 181.1 182.1 183.1 184.1 185.1 186.1 187.1 188.1 189.1 190.1 191.1 192.1 193.1 193.2 193.3 193.4 194.1 195.1 196.1 197.1 198.1 199.1 200.1 201.1 202.1 203.1 204.1 205.1 206.1
Internal Guidelines used in processing claims Index PART 1 ENTITLEMENT GENERAL Description of Scheme Information Leaflet Legislation Administration QUALIFYING CONDITIONS Qualified Child Full-Time Education & Training Disability Residence of the Child WHO IS ENTITLED TO CHILD BENEFIT Child Living Full-Time With Mother/Step-Mother Child Living Full-Time With Father/Step-Father Only Child Not Residing Full-Time With Either Parent a) Parents residing in separate households b) Parents Deceased/Children Abandoned c) Child Fostered d) Children In Institutions HABITUAL RESIDENCE EEA Nationals Payment for children in another EEA State Non-EEA Nationals DISQUALIFICATIONS Absence from the State RATES STRUCTURE Rates of Payment Basic Monthly Rates Monthly Rates For Multiple Births Grants For Multiple Births PART 2 - CLAIMS, INVESTIGATION AND DECISION PROCEDURES Claim Form Time for Claiming Late Claims Documentation The Birth Certificate Offences Investigation of Claim Decisions Appeals Methods of Payment PART 3 - PROCEDURES FOLLOWING AWARD Duration of Payment Lost /Stolen EIT Social or Public Services card Changes of Circumstances Certification of Entitlement beyond Age 16 Review Suspension of payment Recovery of Overpayments PART 1 ENTITLEMENT GENERAL Description of Scheme Child Benefit is a payment to a qualified person (usually the mother) for a qualified child. It is paid monthly in respect of each qualified child. There are no PRSI conditions and it is not means tested or taxable. Information Leaflet: "Child Benefit" SW 42 Legislation The main provisions relating to Child Benefit are in Part 4 (Sections 219 to 223 and sections 241, 242, 246, 282, 300, 301, 302, 334, 336, 341) of the Social Welfare Consolidation Act 2005 and in Articles 159, 160, 161, 178, 179, 181, 188, 192, 193, 196, 197, 198, 199, 200, 201, 202, 206, 211, 242, 243, 244, 246, and 247 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations, 2007. Administration Child Benefit is administered by the Department of Employment Affairs and Social Protection in St. Oliver Plunkett Rd, Letterkenny, Co. Donegal. QUALIFYING CONDITIONS The child must be a qualified child. The applicant must be a qualified person. To qualify for Child Benefit the applicant must satisfy the Habitual Residence Condition (Please see separate guideline Habitual Residence Condition and section below regarding application of HRC to EEA Workers). Qualified Child A child is a qualified child for Child Benefit if s/he is: - Under 16 years of age - Aged 16 or 17 and either in full-time education or incapable of self-support by reason of long-term physical or mental disability - Ordinarily resident in the State - Not detained in a reformatory, industrial school or in legal custody. Full-Time Education & Training This involves attending on a full-time basis a course of full-time instruction by day at an institute of education. This does not include courses: - Which form part of an employment or apprenticeship or work experience programme. - which arise from employment. - where the period of paid work experience exceeds the time spent in the classroom. - run by Teagasc where, in an academic year, the period of work experience exceeds the time spent in the classroom. Disability If a child over 16 and under 18 is medically certified as incapable of self-support by reason of physical or mental disability, and is likely to remain so for a prolonged period, the child is a qualified child for child benefit purposes. The Deciding Officer will seek the advice of the Chief Medical Officer as to the acceptability of the certification. Residence of the Child The child must be ordinarily resident in the State. This requirement is deemed to be satisfied in cases of: - members of the Irish Defence Forces or the Irish Civil Service serving abroad, - volunteer development workers, or - persons temporarily employed abroad by an Irish employer and paying Irish social insurance contributions. WHO IS ENTITLED TO CHILD BENEFIT Child Living Full-Time With Mother/Step-Mother Child Benefit is paid to the mother (or step-mother). Child Living Full-Time With Father/Step-Father Only Child Benefit is paid to the father (or step-father). Child Not Residing Full-Time With Either Parent Parents residing in separate households Child Benefit is payable to the parent with whom the child resides the majority of the time. If the child resides 50% of the time with each parent, the mother is paid. Parents Deceased/Children Abandoned Child Benefit is payable to the woman who has care and charge of the child in the household in which the child lives (or the head of the household where there is no such woman in the household). Child Fostered When a child has been placed in foster care by Tusla, Child Benefit may continue to be paid to the child's mother or father for a period of 6 months from the date of the child's placement. Payment may then transfer to the foster parent(s) provided that the child has been in their continuous care for a period of 6 months. Children In Institutions; Where a child is placed in an Institution on a voluntary basis, Child Benefit is payable to the person who would normally get the benefit - provided that person is making adequate contributions towards the cost of the child's maintenance in the institution. Child Benefit is not payable where a child is detained in a children detention school or undergoing imprisonment or detention in legal custody. (NOTE: These Residence rules are different to those applying to Child Dependants for the purpose of Increases in payments of other benefits and assistance.) HABITUAL RESIDENCE EEA NATIONALS Child Benefit is classified under EU law as a Family Benefit. Applicants whose entitlement to Child Benefit derive from the application of the provisions of EEC Regulation 883/04 do not have to satisfy the condition as European legislation takes precedence over Irish legislation. These rules apply to employed or self employed EEA nationals, who have become subject to Irish PRSI since coming to Ireland, and their entitlement continues if they become unemployed and receive Irish Unemployment Benefit. Payment for children in another EEA State: The benefit is payable even if the children are resident in another EEA State. The amount of Child Benefit payable by the Department will depend on whether there is entitlement to Family Benefits from another EEA State in respect of the same child(ren). The claim should be made in the country of work which contacts the other country to ensure that the full entitlement is received. If your family are residing abroad please state the relevant social security number on your claim form i.e. Polish customers must provide the NIP and PESEL numbers of all family members. See separate Guideline: an Overview of the EU Regulations on Social Security and Social Advantage for Migrant Workers. NON EEA NATIONALS Child Benefit is payable in respect of children who are ordinarily resident in the State, regardless of citizenship, provided the applicant satisfies the habitual residence condition. Spouses/Civil Partners/Cohabitants of work permit holders who are not permitted to work in the State are given the benefit of their spouse’s/civil partner’s/cohabitant’s status to enable them satisfy the habitual residence condition for Child Benefit. Non EEA nationals are required either to provide a GNIB Card, or have other legal documentation as evidence that they are legally resident in this country before payment is made. In applying the habitual residence condition, deciding officers must have due regard to the five factors as set down by the European Court of Justice in its relevant case law. These include: - length and continuity of residence in a particular country; - length and purpose of absence from a particular country; - Nature and pattern of employment; - Applicant's main centre of interest; - future intentions of applicant concerned as it appears from all the circumstances. See the Habitual Residence Condition Guidelines for further explanation of these factors. Non-EEA nationals who are engaged in employment or self employment and have at least one month of insurable employment or six months of insurable self employment prior to the date of their claim and whose families also reside with them in Ireland should be treated as having their centre of interest in the State and therefore to be habitually resident for the purpose of claiming Child Benefit. DISQUALIFICATIONS Absence from the State Child Benefit is not payable outside the State except for the specific groups mentioned above. RATES STRUCTURE Rates of Payment Details of current rates are contained in Booklet SW 19. Basic Monthly Rates Since 1 January 2014, the standard monthly rate of Child Benefit applies to each child. Monthly Rates For Multiple Births Twins are paid at one and a half times (150%) the standard monthly rate for each child. All other multiple births are paid at double (200%) the standard monthly rate for each child. These increased payments continue for as long as all of the children remain qualified. Grants for Multiple Births Grants for multiple births were discontinued from 1st January 2012. PART 2 - CLAIMS, INVESTIGATION AND DECISION PROCEDURES Claim Form For customers who come into the state, the Child Benefit claim form is a CB1 (a CB2 is also required in the case of a child over 16 Years) and should be completed in full, and in time, and signed by the customer. The customer should quote a Personal Public Service (PPS) Number. A PPSN is required for the customer and their children before they apply. A PPSN will be allocated at their local PPS Number Registration Centre. Where there is a change of qualified adult in respect of a child/children, the person now qualified should make a claim for Child Benefit by submitting a CB1 application form (and a CB2 application form if the child is aged 16 or 17). However, if the child is born in Ireland, when the customer registers the birth of the child the Department will initiate a Child Benefit claim for the child: - If the customer is claiming Child Benefit for their first child, a new claim is created by the Department and a partially completed claim form is sent to the customer for their signature and payment details. The child is also given a Personal Public Service (PPS) Number. To apply online, the customer must be invited to do so by the Department and have a Public Services Card and an existing verified MyGovID account. - If the customer is claiming Child Benefit for an additional child, the new child is added to the Child Benefit claim and payment begins automatically from the month after the birth. A letter confirming payment will be sent to the customer by the Department. The child is also given a Personal Public Service (PPS) Number. Time for Claiming Child Benefit must be claimed within 12 months of: - the date in which the child was born, or - the date the child became a member of the family or - the date the child/family came to reside in Ireland. When the claim is made within this time period, Child Benefit will be paid from the first day of the month after the child is born or becomes a member of the family or after the family takes up residence in Ireland. Late Claims If a claim is made late, it is paid from the first day of the month after the claim is received. Claims can be backdated if the Deciding Officer is satisfied that there was good cause for the delay in making the claim. (See also separate guideline on " Claims and Late Claims" re general information on claims and late claims.) Documentation The Child Benefit customer is responsible for the production of certificates, documents, information and evidence required, including Birth Certificates, GNIB Cards, passports etc.. If the child is not born in Ireland or their birth is not registered within the required time, a birth certificate should be submitted when Child Benefit is being claimed for. However if this is not immediately available, the claim should be sent in immediately stating that the birth certificate will follow. The Birth Certificate These certificates are available at a reduced cost from any Registrar of Births. The reduced rate certificate is retained by Child Benefit Section. All other birth certificates (e.g. full-rate or foreign birth certificates etc.) are returned to the customer. Baptismal certificates, photocopies of birth certificates or short version birth certificates are not acceptable. Offences It is an offence for a person to knowingly make a false or misleading statement or to provide documents or information which s/he knows to be false in some respect for the purpose of obtaining or establishing entitlement to benefit, or benefit at a higher rate. Penalties for false or misleading statements made to obtain Child Benefit include prosecution leading to a fine, a prison term or both. Investigation of Claim Where there is doubt about the fulfilment of a condition of entitlement, or where necessary documentation is not to hand, further enquiries will be made. The enquiries may be made either by telephone, correspondence with the claimant or by referring the file to a Social Welfare Inspector for investigation. Decisions Claims are decided by Deciding Officers appointed by the Minister under Section 299 of the Social Welfare Consolidation Act 2005. A notification of the decision is issued to the customer, if a claim is disallowed a reason for the disallowance is given. If the claim is allowed, a notification is also issued which includes details as to how payment is to be made. Appeals A person who is dissatisfied with the Deciding Officer’s decision may appeal the decision. The appeal should be made in writing to the Chief Appeals Office, Social Welfare Appeals Office, D'Olier House, D'Olier St, Dublin 2, within 21 days of the notification of the Deciding Officer’s decision, stating the grounds of their appeal. When notified of such an appeal, a statement is prepared on the facts relied on by the Deciding Officer in making the decision and on the extent to which the facts and contentions advanced by the appellant are admitted or disputed. This statement is sent with the file to the Appeals Office. Where the grounds of appeal put forward by the customer are in conflict with previous statements made by the customer or with the facts/evidence considered by the Deciding Officer, Child Benefit section correspond with the customer for further information before completing the statement. Where new information is made available as part of an appeal by the customer, a Deciding Officer may revise a decision on entitlement, if it is to the advantage of the customer. The notification of the revised decision should request the customer to advise whether s/he is satisfied with the revised decision or wishes to pursue the appeal. If the customer is satisfied, the Appeals Office must be notified accordingly. Methods of Payment The claimant may choose to receive payment either: - at the Post Office of choice or - by direct payment electronically to a nominated Bank or other financial institution. PART 3 - PROCEDURES FOLLOWING AWARD Duration of Payment Child Benefit is payable as long as the child remains qualified. (See qualifying conditions above.) Lost / Stolen EIT Social or Public Services card See separate guideline on " Payments" regarding the action to be taken when the customer’s Social or Public Services card is reported as lost or stolen. Changes of Circumstances The customer must notify the Department of any changes in circumstances which may affect their entitlement. A list of such circumstances is as follows: - Change of address - Change of Post Office/bank or other financial institution - Child aged 16 or 17 finishes education or changes/leaves school/college - Death of a child for whom benefit is being paid - You or your child are imprisoned or admitted to a home or detention centre - A child is no longer with or in the care of the customer - A child is abandoned, deserted or removed from your custody - You or your child leaves the State - You marry or enter into a civil partnership or civil union - You or your spouse, civil partner or cohabitant start(s)/cease(s) work in another EU country - The person receiving child benefit dies - You give birth to, adopt or foster further children - Your family come to live in the Republic of Ireland Certification of Entitlement beyond Age 16 Payment of child benefit may be extended beyond the age of 16 years to the child's 18th birthday (see above). The Child Benefit section will send the customer an application form in advance of the child’s 16th birthday. This form, signed by the customer and certified by relevant school, or institution, is necessary in order for benefit to be extended. Similarly, if the child is physically or mentally disabled and is unable to support themselves the form should be certified by a Doctor. Review A review is initiated when the Department is notified of any changes in the circumstances of the customer or child which may affect entitlement. Periodic reviews are also carried out to confirm that the qualifying conditions continue to be fulfilled. Suspension of payment Where a question arises as to whether the conditions for the receipt of Child Benefit are fulfilled, and initial enquiries fail to establish continuing entitlement, payment may be suspended in whole or in part until the question has been decided. This will be done for example if there is reason to believe that: - either the customer or child is no longer alive, or is not resident at the given address; - the child is no longer living with the customer; - the customer or child has left the State; - the child, being over 16 years of age, is no longer in full-time education or incapacitated. Recovery of Overpayments In a situation where an overpayment may arise on a Child Benefit claim, the overpayment must be recovered by the Department. See separate guidelines on " Overpayment Recovery - Guidelines on the Recovery of Debt by Department of Employment Affairs and Social Protection”.
1.1 1.2 2.1 3.1 4.1 5.1 6.1 7.1 8.1 9.1 10.1 11.1
Íoctar an Sochar Linbh i leith na leanaí go léir atá faoi bhun 16 bliana d’aois. Is féidir leat, áfach, an Sochar Linbh a fháil i leith linbh atá 16 nó 17 de bhlianta d’aois má tá sé/sí in oideachas lánaimseartha nó faoi mhíchumas coirp nó meabhrach. Cuirfimid foirm iarratais pháirtlíonta chugat mí amháin roimh 16ú breithlá do linbh agus, má tá do leanbh in oideachas lánaimseartha fós, mí amháin roimh dheireadh na bliana acadúla (fad atá do leanbh faoi bhun 18 mbliana d’aois) ionas gur féidir leat leanúint den Sochar Linbh a fháil. Nuair a gheobhaidh tú an fhoirm éilimh, líon í agus cinntigh go mbeidh sí deimhnithe ag: - scoil nó coláiste an linbh, má tá sé/sí in oideachas lánaimseartha nó - SOLAS (ar a dtugtaí FÁS tráth), má tá an leanbh ag freastal ar chúrsa lánaimseartha Ógtheagmhála, nó - dochtúir cláraithe, má tá an leanbh faoi mhíchumas coirp nó meabhrach. Tabhair faoi deara Ní mór duit a chur in iúl dúinn láithreach: - má fhágann an leanbh oideachas nó oiliúint lánaimseartha roimh an dáta deimhnithe, nó - má bhí an leanbh faoi mhíchumas coirp nó meabhrach agus má tá sé/sí in ann anois soláthar dó/di féin roimh 18 mbliana d’aois a bhaint amach nó, an dáta arna dheimhniú ag dochtúir. Mura bhfaigheann tú foirm éilimh go huathoibríoch, tá foirm CB2 le fáil ar an idirlíon ag www.welfare.ie, ó do Lárionad Intreo áitiúil, ó d’Oifig Leasa Shóisialaigh áitiúil nó ó d’oifig áitiúil an phoist.