Child Benefit

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:
School Holidays
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) Custody.
b) Children Residing Part-Time With Both Parents
c) Parents Dead/Children Abandoned/Child Fostered
d) Children In Institutions
HABITUAL RESIDENCE
EEA Nationals
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
Investigation of Claim
Decisions
Appeals
Methods of Payment

PART 3 - PROCEDURES FOLLOWING AWARD
Duration of Payment
Lost book action
Changes of Circumstances
Certification Of Entitlement Beyond Age 16
Review
Suspension of payment

PART 1 ENTITLEMENT

GENERAL

Description of Scheme

Child Benefit is a payment to parents (usually the mother) for the support of their children. 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 Axt 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. ( S.I. No. 142 of 2007.)

Administration

Child Benefit is administered by the Department of 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.

Qualified Child

A child is a qualified child for Child Benefit if s/he is:

Under 16 years of age
Aged 16, 17 or 18 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:

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:

run by FÁS if an allowance is payable (other than "Youthreach" courses).
which form part of an employment or apprenticeship or work experience programme.
which arise from employment.
where the period of paid work experience exceed 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.

School Holidays

A child will be regarded as continuing to receive full-time education for periods during the academic year where the school is closed due to holidays or other temporary interruptions.

Disability

If a child over 16 and under 19 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 Dead/Children Abandoned/Child Fostered
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).
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.
Where the child is placed in an Institution through a Court Order, Child Benefit is only payable if the child returns home on a regular basis.

(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 WORKERS

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 1408/71 do not have to satisfy the condition as European legislation takes precedence over Irish legislation. In effect the EU rules contained in Articles 73 to 76 of Regulation 1408/71 governing the payment of family benefit to migrant workers from EEA Member States override the habitual residence requirements under the Social Welfare Acts.

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 his/her children are habitually resident in another EEA State.The amount of Child Benefit payable by the Department of Social Protection 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 Claimants must provide the NIP and PESEL Numbers of all family mambers.

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 of work permit holders who are not permitted to work in the State are given the benefit of the husband's status to enable them satisfy the habitual residence condition for Child Benefit.

Non EEA nationals are required either to provide a Green 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

There is a standard rate for each of the 1st and 2nd children and a higher rate for the 3rd and subsequent children

Monthly Rates For Multiple Births

The rate is doubled for triplets or more. For twins, the rate will be increased by 50% from 1 September 1998. These increased payments continue for as long as all of the affected children remain qualified.

Grants For Multiple Births

A special grant is paid for multiple births. This grant is payable at birth and also at the children's 4th and 12th birthdays.

PART 2 - CLAIMS, INVESTIGATION AND DECISION PROCEDURES

Claim Form

The Child Benefit claim form is a CB1 ( CB2 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 Number (PPSN). If the customer has no PPSN, a number will be allocated and should be quoted in all future correspondence.

Time For Claiming

Child Benefit must be claimed within 6 months after either:

the month in which the child was born, or
the month the child became a member of the family or 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.

(See also separate guideline on " Claims and Late Claims" re general information on claims and late claims.)

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.

Further back-dating may also be possible in certain circumstances. See sections 4 and 5 of the separate guidelines on ' Claims and Late Claims'.

Documentation

The Child Benefit claimant is responsible for the production of certificates, documents, information and evidence required, including Birth Certificates, Green Cards, passports etc..

A birth certificate should be submitted when Child Benefit is being claimed for a child. 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 the Registrar of Births or from the Superintendent Registrar's Office of the County where the birth of the child took place. 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 claimant.

Baptismal certificates, photocopies of birth certificates or short version birth certificates are not acceptable.

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 not satisfied with the decision of a Deciding Officer may appeal by writing to the Appeals Office, D'Olier House, D'Olier St, Dublin 2 stating the grounds of their appeal.

Methods of Payment

The claimant may choose to receive payment either:

through a book of payable orders which may be cashed at the Post Office of choice, or
by Direct Payment electronically to a nominated Bank/Building Society/An Post Childcare Savings account.

PART 3 - PROCEDURES FOLLOWING AWARD

Duration of Payment

Child Benefit is payable as long as the child remains qualified.

(See qualifying conditions above.)

Lost book action

See separate guideline on " Payments" re action to be taken when a book of payable orders 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 included in the order book and the customer's signature on the payment book is to the effect that s/he has read and fully understands these instructions and obligations.

Certification Of Entitlement Beyond Age 16

Payment of child benefit may be extended beyond the age of 16 years to the child's 19th birthday (see above). A CB2 form signed by the claimant 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 the CB2 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.