A couple living in Northern Ireland have recently separated.  They have shared custody of their child. The child’s mother is unemployed and the father works in ROI. They want to know where they should claim Child Benefit.

Cross-border claims for Family Benefits usually starts with a claim for Child Benefit in the jurisdiction of residence, however if one or both parents are cross-border workers they are permitted to make an application where they work. Cross-border workers may find that they are entitled to Family Benefits both where they work and where they live.

In these cases the authorities will take into consideration where the parents work, and where the children live. They will then decide which jurisdiction has primary responsibility and which has secondary responsibility.

In this case (based on Dad’s employment) Ireland will have primary responsibility for the payment of Child Benefit.  It is usually paid to the frontier worker, however, when parents have separated the payment is made to the parent with whom the child resides the majority of the time. If the child resides 50% of the time with each parent, the mother is usually paid.  The Department for Social Protection may also consider who leaves the child to school, who is the primary contact for doctor or dentist, etc.

It is worth noting that Child Benefit in Ireland is paid at a higher rate than in NI.

Further information

• Border People – Child Benefit in Ireland
• Department for Social Protection – Child Benefit

This webpage is for general information purposes only and while we endeavour to keep it up-to-date, errors may occur. It is very important that you check with the relevant body to ensure the information is current and is applicable to your situation.

If you would like to suggest amendments or highlight new information that could be useful to others please don’t hesitate to get in touch.