Joan Burton (Dublin West, Labour)
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There is no overarching definition of the family, whether immediate or otherwise, that is used for the purposes of the social welfare code.

Social welfare entitlements are not based on family relationships, but are determined by reference to the circumstances of the claimant, the composition of the household in which the claimant resides and the maintenance relationships between the claimant and the members of that household and others. Accordingly, the term family is not used in determining entitlement to weekly social welfare payments, other than in the case of the family income supplement scheme.

For weekly social welfare payments in general, a claimant is entitled to a personal rate of payment and may also be eligible for increases in respect of a qualified adult and any qualified children who are regarded as normally residing with the claimant.

A qualified adult is defined as being the spouse, civil partner or cohabitant of the claimant who is being wholly or mainly maintained by the claimant, but generally does not include a spouse, civil partner or cohabitant who is in employment or self-employment or who is in receipt of a weekly social welfare payment in his or her own right.

In addition, a qualified adult can be a person who is aged 16 years or over, who has the care of at least one qualified child and who lives with and is being wholly maintained by the claimant, where the claimant is single, widowed or separated, for example, an older child who looks after the younger children of a widowed person.

A qualified child is defined as being a child aged under 18 years or, in the case of recipients of long-term social welfare payments, a child aged under 22 years if the child is still in full-time education. A qualified child is normally regarded as residing with both of his or her parents for social welfare payment purposes. However, where the qualified child is living with one parent only or is living on a shared custody basis with both parents who are living apart, there are rules to determine which parent the child is to be regarded as normally residing with for social welfare payment purposes. These rules also determine who the qualified child is to be regarded as normally residing with where he or she is not living with either parent.

The term “family” is defined for the purposes of qualification for the family income supplement (FIS) scheme. However, as in the case of weekly social welfare payments in general, a family for FIS purposes is not defined by reference to the family relationships involved, but by reference to the composition of the household in which the worker resides and the maintenance relationships between the worker and the members of that household and others.

A family for FIS purposes means a worker who is engaged in remunerative full-time employment and any children who normally reside with the worker. Where the worker is living with or is wholly or mainly maintaining his or her spouse, civil partner or cohabitant, then the family for FIS purposes includes that spouse, civil partner or cohabitant. In addition to including children who reside with the worker, the normal residence rules for FIS purposes also enable a child who is not living with the worker to be regarded as normally residing with him or her where that worker is wholly or mainly maintaining his or her spouse, civil partner or cohabitant and is contributing substantially towards the child’s maintenance.

The Social Welfare and Pensions Act 2014 contains a number of amendments to strengthen and clarify the normal residence rules applying to the FIS scheme. These amendments are subject to commencement by way of Commencement Order. It is intended to commence these provisions shortly, as soon as regulations underpinning the normal residence rules applying to the FIS scheme have been finalised.