Dáil Éireann Debate, Thursday - 11 December 2025
457. Deputy Ciarán Ahern asked the Minister for Social Protection if it can be ensured that in cases where a parent has been awarded full custody of their children, the child benefit payment will be paid to them in full, and regardless of gender, even if they remain living with their former partner or spouse; and if he will make a statement on the matter. [70941/25]
View answerChild Benefit is a monthly payment to families with children up to the age of 16 years. The payment continues to be paid in respect of children until their nineteenth birthday where they are in full-time education or have a disability. It is paid in respect of almost 1.3 million children.
Under current legislation Child Benefit is paid to a qualified person with whom the child is normally resident. Consequently payment is based on the residence of the child.
The rules regarding qualified persons to receive Child Benefit are outlined in Section 220 of the Social Welfare Consolidation Act, 2005, and normal residence is subject to the provisions of Article 159 of the Social Welfare (Consolidated Claims Payments and Control) Regulations, 2007 (S.I. 142/2007).
In accordance with these legislative provisions, where a qualified child resides with his or her mother, the child is deemed to be resident with the mother and with no other person. This applies even where the child’s father also resides in same household. These legislative provisions are not affected by the custody arrangements of the cohabiting parents.
It is important that our policies continue to reflect the society they were designed to serve. Any changes to current Child Benefit policy would require the amendment of primary legislation and would need careful consideration in terms of unintended consequences.
I trust this clarifies matters for the Deputy.
