(1) Subject to this Act, a guardian’s payment (non-contributory) shall be payable in respect of an orphan.
(2) Not more than one payment shall be payable in respect of any one orphan.
(3) A payment shall not be payable in respect of an orphan in respect of whom an increase under section 127 (1) or 174(1) is claimable.
(4) Guardian's payment (non-contributory) shall not be payable for any period during which a payment is made in respect of a child under Part VI of the Child Care Act 1991 and regulations made thereunder.
(5) A person shall not be entitled to a payment under this section unless he or she is habitually resident in the State.