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27 1993

SOCIAL WELFARE (CONSOLIDATION) ACT, 1993

CHAPTER 10

Carer's Allowance

Interpretation.

[1990, s. 17; 1992, s. 36]

163.—(1) Subject to this Act, in this Chapter—

carer” means a person who resides with and provides full-time care and attention to a relevant pensioner;

prescribed relative” means a prescribed relative within the meaning of the Social Welfare (Prescribed Relative Allowance) Regulations, 1989 (S.I. No. 361 of 1989);

prescribed relative allowance” means an increase for a prescribed relative under section 50 (11), 51 (2)(a), 81 (3), 86 (3), 91 (3), 95 (2), 103 (2), 162 (1)(a) or 179 (a) of the Social Welfare (Consolidation) Act, 1981 or under regulations applying the provisions of section 179(a) of that Act;

relevant pensioner” means a person (other than a person in receipt of a payment in respect of need for constant attendance under section 57) who is so incapacitated as to require full-time care and attention, and who—

(a) is in receipt of—

(i) old age (contributory) pension,

(ii) invalidity pension,

(iii) old age (non-contributory) pension,

(iv) blind pension,

(v) disabled person's maintenance allowance, or

(vi) a payment corresponding to a pension referred to in subparagraph (i) to a person who has attained pensionable age, or in subparagraph (ii) from another Member State, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 238, or

(b) is in receipt of a retirement pension or who has attained the age of 65 years and is in receipt of a payment corresponding to a retirement pension from another Member State, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 238, where such person was, immediately prior to the receipt of such pension, in receipt of invalidity pension or a payment corresponding to an invalidity pension from another Member State or under such a reciprocal arrangement, or

(c) who has attained pensionable age and is in receipt of—

(i) death benefit by way of widow's or widower's pension,

(ii) death benefit by way of parent's pension,

(iii) retirement pension,

(iv) widow's (contributory) pension,

(v) deserted wife's benefit,

(vi) widow's (non-contributory) pension,

(vii) deserted wife's allowance,

(viii) prisoner's wife's allowance,

(ix) lone parent's allowance, or

(x) a payment corresponding to a pension referred to in subparagraph (i), (ii), (iii) or (iv) from another Member State, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 238;

weekly means” means the yearly means divided by 52.

[1990, s. 17]

(2) For the purposes of this Chapter, means shall be calculated in accordance with the Rules contained in Part II of the Third Schedule .

[1991, s. 8(1)(b)]

(3) For the purposes of subsection (1), a relevant pensioner shall be regarded as requiring full-time care and attention where—

(a) he is so disabled or invalided that he requires from another person—

(i) continual supervision in order to avoid danger to himself, or

(ii) continual supervision and frequent assistance throughout the day in connection with normal bodily functions, and

(b) he is so disabled or invalided as to be likely to require full-time care and attention for a period of at least 12 months.

Entitlement to allowance.

[1990, s. 17; 1993, s. 38(2)]

164.—Subject to this Act, an allowance (in this Act referred to as “carer's allowance”) shall, in such circumstances and subject to such conditions as may be prescribed, be payable to a carer.

Rate of allowance.

[1990, s. 17]

165.—(1) The rate, (in this Chapter referred to as “the scheduled rate”) of carer's allowance shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased by the appropriate amount set out in column (4) of that Part in respect of each qualified child who normally resides with the beneficiary.

[1990, s. 17]

(2) A carer's allowance shall be payable where—

(a) the weekly means of the claimant or beneficiary do not exceed £2, at the scheduled rate, and

(b) such weekly means exceed £2, at the scheduled rate reduced by £2 for each amount (if any) of £2 by which those weekly means exceed £2, any fraction of £2 in those weekly means being treated for this purpose as £2:

Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the carer's allowance would be payable is less than £2, the allowance shall not be payable.

[1991, s. 8(2)]

(3) Notwithstanding subsection (2), where, immediately before the 1st day of November, 1990, a prescribed relative allowance was being paid to or in respect of a claimant for a carer's allowance, the carer's allowance shall be paid at a weekly rate corresponding to the rate of prescribed relative allowance specified in column (5) of Part I of the Fourth Schedule , unless the weekly rate of carer's allowance as calculated in accordance with subsection (2) payable to that claimant is greater than the said specified rate, in which case the greater amount shall be paid.

[1990, s. 17]

(4) Any increase in carer's allowance payable pursuant to subsection (1) in respect of a qualified child who normally resides with a beneficiary and with the spouse of a beneficiary shall be payable at one-half of the appropriate amount.

Payment of allowance.

[1990, s. 17]

166.—Notwithstanding the provisions of this Chapter, only one carer's allowance shall be payable to a carer, and only one carer's allowance shall be payable in respect of the full-time care and attention being provided to a relevant pensioner.

Prescribed relative allowance.

[1981, ss. 50, 51, 81, 86, 91, 95, 103, 162, 179, 195, 196, 198K; 1981AM, s. 14(1); 1982, s. 7; 1990, s. 17]

167.—(1) A prescribed relative allowance which, by virtue of the provisions of the Social Welfare (Consolidation) Act, 1981 , and regulations made under or applying the provisions of that Act, is payable immediately before the commencement of this Act shall, subject to section 168, continue to be paid at the rate set down in column (6) of Part I of the second Schedule or column (5) of Part I of the Fourth Schedule , as appropriate, for as long as—

(a) the beneficiary remains so incapacitated as to require full-time care and attention,

(b) there is residing with the beneficiary for the purpose of providing that care and attention a prescribed relative of the beneficiary, and

(c) the conditions contained in the Social Welfare (Prescribed Relative Allowance) Regulations, 1989 (S.I. No. 361 of 1989), continue to be fulfilled.

(2) The Social Welfare (Prescribed Relative Allowance) Regulations, 1989, (S.I. No. 361 of 1989), shall continue to have effect for the purposes of this section.

Entitlement to prescribed relative allowance.

[1990, s. 17]

168.—(1) A prescribed relative allowance shall cease to be paid to a relevant pensioner or prescribed relative, as the case may be, where the prescribed relative becomes entitled to and receives a carer's allowance.

[1990, s. 17]

(2) Notwithstanding anything contained in this Act, a prescribed relative allowance shall not be paid where a claim for such allowance is made on or after the 1st day of November, 1990.

Regulations.

[1990, s. 17]

169.—(1) The Minister shall make regulations for the purpose of giving effect to this Chapter.

[1990, s. 17; 1991, s. 8(3)]

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1)—

(a) provide for amounts paid in respect of prescribed relative allowance on or after the 1st day of November, 1990 to be treated as payment on account of carer's allowance,

(b) provide for—

(i) entitling to carer's allowance such class or classes of person as may be prescribed who would be entitled thereto but for the fact that the conditions as to means as calculated in accordance with the Rules contained in Part II of the Third Schedule are not satisfied, or

(ii) entitling to carer's allowance at a rate higher than that calculated in accordance with subsection (2) of section 165 such class or classes of person as may be prescribed,

and the rate of allowance so payable may vary in accordance with the claimant's means.