am i entitled to child dependency payment ?

[elvis67]

Quick question. I am on illness benefit of 185.50 per week.My son lives in england with his mom.We broke up some years ago.since then i have been paying child support,as you can imagine trying to pay support on welfare is murder.I tought i might qualify for the 22 euro per week child dependency payment but in the social welfare office they say im not as my son lives in england is this correct ?

 

[Welfarite]

To qualify for an increase the child would have to be ordinarily resident in the state.

 

[danois]

your child not only has to be a resident in the country but also has to resident with you to get child dependancy

 

[Thirsty]

your child not only has to be a resident in the country but also has to resident with you to get child dependancy

I'm open to correction on this, but as all parents are legally obliged to support their children, if there is court ordered maintenance in place then any SW claimant should be entitled to claim for a child dependent. Would be very interested to see a test case brought on this one.

 

[danois]

I'm open to correction on this, but as all parents are legally obliged to support their children, if there is court ordered maintenance in place then any SW claimant should be entitled to claim for a child dependent. Would be very interested to see a test case brought on this one.

the reason for legally obliged maintenance is to take the burden of the state to pay it if you recieve maintenance and you are on a lone parent payment they will reduce your payment by the amount of maint. you get so unfortunately i doubt you would get far trying to fight the point.

 

[Welfarite]

I'm open to correction on this, but as all parents are legally obliged to support their children, if there is court ordered maintenance in place then any SW claimant should be entitled to claim for a child dependent. Would be very interested to see a test case brought on this one.

A child in respect of whom child maintenance is being paid by an estranged parent may be still considered a qualified child by SW. However, payment of child maintenance can determine where the child is considered normally resident under the Social Welfare code, so it is the normal residency of the child that determines qualification for payment.

 

[Thirsty]

However, payment of child maintenance can determine where the child is considered normally resident under the Social Welfare code, so it is the normal residency of the child that determines qualification for payment.

If I'm reading this right (and please tell me if not), what you are saying is that primary carer (lets say Mary to make life easy) and child live in (say) UK, other parent (John) lives in Ireland.

Mary can seek a UK court order for John to pay child maintenance and this will be enforced here in exactly the same way as one from an Irish Court. But as the child does not live in Ireland John cannot claim SW dependent allowance for them?

But child benefit can be paid in respect of a child who does not live in the state?