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09/09/2010
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Discrimination against fathers in Child benefit - The Bottom Line in InEQUALITY


The link to kildare street.com is attached below. The last sentence of the last paragraph is what I found most interesting.From what research I,ve done to date the equality tribunal is a none runner for what i'd like to achieve that is to have the law in this area changed. my only option is to go to the high court and seek judicial review,which could of course turn out very costly, at the moment I am in the process of requesting the opinion of a number of barristers to see if I have any  hope of coming out on the positive side of the case.
 
In the mean time i'll persist in the political route for so long as I get an open ear with a TD.
 
If you known any one working in this area (legal or other wise) or that are affected in the same way ie. have a joint and equal custody arrangement and not getting childbenfit or increase for dependent children and you thing they can be of any help or that I can help them in any way don't hesitate in passing on my address.
 
Below are attached the particular sections of law that discriminate against me and anny other man in my exact situation.
 
 Section 215 (Rate of
allowance including increases for qualified adult and qualified
children) and Section 216 (Amount of payment in respect of
qualified child in certain cases) of the Social Welfare
Consolidation Act 2005 and Article 13 (Normal residence of a
qualified child) of SI 142 2007 Social Welfare Consolidated
 
 Section 220 the Social Welfare Consolidation Act
2005 and Article 159 of S.I. No. 142 of 2007 Social Welfare
Consolidated (Claims, Payments and Controls) Regulations. These
are the relevant provisions used by a deciding officer in
determining a claim for child benefit.
Section 220(1) of the 2005 Act states that
"Subject to subsection (3), a person with whom a qualified child
normally resides shall be qualified for child benefit in respect
of that child and is in this Part referred to as “a qualified
person”.
Section 220(2) states that
"For the purpose of subsection (1)- (a) the Minister may make
rules for determining with whom a qualified child shall be
regarded as normally residing, (b) a qualified child shall not
be regarded as normally residing with more than one person, and
Regulations made pursuant to Section 220(2)(as above) are
provided in Section 159 of S.I. No. 142 of 2007 Social Welfare
Consolidated (Claims, Payments and Controls). Article 159 of S.I
142 states that the person with whom a qualified child shall be
regarded as normally residing shall be determined in accordance
with the following rules: (relevant provisions only quoted
below)
1. Subject to Rule 2, a qualified child, who is resident with
more than one of the following persons, his or her - mother,
stepmother, father, stepfather, shall be regarded as normally
residing with the person first so mentioned and with no other
person.(emphasis added)
2. Where the persons referred to in Rule 1 are resident in
separate households, the qualified child shall be regarded as
normally residing with the person with whom he or she resides
for the majority of the time.
 

 
http://www.kildarestreet.com/wrans/?id=2009-11-12.1460.0

 

 

 

 

 

 

 

 

 

 

 

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