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1 1981



Orphan's (Contributory) Allowance

Title to allowance.

[1952, s. 23]

96. —Subject to this Act an orphan's (contributory) allowance shall be payable in respect of an orphan if the contribution condition in section 97 is satisfied.

Condition for receipt.

[1952, Sch. 4; 1978 AM, s. 13]

97. —(1) The contribution condition for an orphan's (contributory) allowance is that one of the following persons has qualifying contributions for not less than 26 contribution weeks—

(a) a parent of the orphan,

(b) a step-parent of the orphan.

[1952, s. 14]

(2) Regulations may provide for modifications of this contribution condition but where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

[1969 MP, s. 9; 1970, s. 29]

(3) In deciding whether an orphan's (contributory) allowance is payable, a person over the age of 18 years who, if he were under that age, would be a qualified child, shall be taken to be a qualified child for any period during which he is under the age of 21 years and is receiving full-time instruction by day at any university, college, school or other educational establishment.

Rate of allowance.

[1952, s. 14]

98. —Subject to this Part, the weekly rate of orphan's (contributory) allowance shall be as set out in Part I of the Second Schedule .

[1952, s. 14]

Payment of allowance.

[1952, s. 24]

99. —(1) Subject to subsection (2), an orphan's (contributory) allowance shall be paid to the guardian of the orphan in respect of whom the allowance is payable.

(2) An orphan's (contributory) allowance may, if the Minister thinks fit instead of being paid to the guardian of the orphan in respect of whom the allowance is payable, be paid to some other person for the benefit of the orphan.