Social Welfare Appeal G0011

The Appellant was in receipt of Child Benefit in respect of her child. In September 2006, the Department of Social and Family Affairs informed the Appellant that she should not have been paid Child Benefit from May 2005 as Child Benefit was payable to the person with whom a qualified child “normally resides”. From April 2005 until March 2006, the child lived with her aunt. From March 2006 until August 2006, the child lived with her father.

The Appeals Officer disallowed the Appeal on the grounds that the child was not resident with the Appellant during the period April 2005 – August 2006.

The Appellant requested that the Chief Appeals Officer review the decision of the Appeals Officer’s on a point of law. The Chief Appeals Officer held that the Appellant was entitled to be paid child benefit during the period May 2005 – August 2006 as the child could be regarded as “normally resident” with the Appellant under the relevant statutory provisions. The Appeal was allowed.

Social Welfare Appeal G0009

One Parent Family Payment. Appeal allowed. Year of Appeals Officer’s decision: 2007. The Appellant was a single parent with sole custody of her son. In 2006 she applied for and was refused One Parent Family Payment for the following reason: “you do not have the main care of your son”. The Appellant, to allow her go to work, had arranged that her mother would mind her child while she was at work. As the Appellant’s mother lived in a different town, about an hour and a half’s drive from the Appellant’s town, the child lived with the Appellant’s mother for a number of days of the week. The Deciding Officer decided that the living arrangements were such that the child could not be regarded as “normally resident” with the Appellant and therefore was not a “qualified child” for the purpose of the One Parent Family Payment. The Appellant appealed the decision. An oral hearing of the appeal was held. The Appeals Officer allowed the appeal.