Carer’s Allowance
SWAC 2005
Chapter 8
Carer’s Allowance (ss. 179-186A)
179.
Interpretation.
(1)Subject to this Act, in this Chapter –
“carer” means –
(a)a person who resides with and provides full-time care and attention to a relevant person, or
(b)a person who, subject to the conditions and in the circumstances that may be prescribed, does not reside with but who provides full-time care and attention to a relevant person.
“relevant person” means a person (other than a person in receipt of an increase of disablement pension under section 78 in respect of constant attendance) who has such a disability that he or she requires full-time care and attention, and who –
(a)has attained the age of 16 years, or
(b)is under the age of 16 years and is a person in respect of whom a payment under Chapter 8A of Part 3 is being made;
“weekly means” means, subject to Rule 1(1) of Part 5 of Schedule 3, the yearly means divided by 52.
(2)The Minister may make regulations specifying the circumstances and conditions under which a person is to be regarded as providing full-time care and attention to a relevant person.
(3)For the purposes of this Chapter, means shall be calculated in accordance with the Rules contained in Part 5 of Schedule 3.
(4)For the purposes of the definition of ‘relevant person’ in this Chapter, a person shall not be regarded as requiring full-time care and attention unless the person has such a disability that he or she –
(a)requires from another person –
(i)continual supervision and frequent assistance throughout the day in connection with normal bodily functions, or
(ii)continual supervision in order to avoid danger to himself or herself,
and
(b)is likely to require such full-time care and attention for at least 12 consecutive months.
180.
Entitlement to allowance.
(1)Subject to this Act, an allowance (in this Act referred to as “carer’s allowance”) shall, in the circumstances and subject to the conditions that may be prescribed, be payable to a carer.
(2)A carer shall not be entitled to an allowance under this section unless he or she is habitually resident in the State.
181.
Rate of allowance.
(1)Subject to this Act, the rate (in this Chapter referred to as “the scheduled rate”) of carer’s allowance shall be –
(a)in the case of a person who is a carer of more than one relevant person, the weekly rate set out in column (2) at reference 8(a) in Part 1 of Schedule 4, and
(b)in any other case, the weekly rate set out in column (2) at reference 8(b) in Part 1 of Schedule 4, increased by –
(i)the appropriate amount set out –
(I)in column (4) of that Part opposite that reference in respect of each qualified child who has not attained the age of 12 years who normally resides with the beneficiary, and
(II)in column (5) of that Part opposite that reference in respect of each qualified child who has attained the age of 12 years who normally resides with the beneficiary,
(ia)the amount set out in column (7) of that Part opposite that reference where the beneficiary has attained the age of 80 years, and
(ii)the amount set out in column (8) of that Part opposite that reference where the beneficiary has attained pensionable age and is ordinarily resident on an island.
(2)
(a)A carer’s allowance shall be payable where –
(i)the weekly means of the claimant or beneficiary do not exceed €7.60, at the scheduled rate, and
(ii)subject to paragraph (b), the weekly means exceed €7.60, at the scheduled rate reduced by €2.50 for each amount (if any) of €2.50 by which those weekly means exceed €7.60, any fraction of €2.50 in those weekly means being treated for this purpose as €2.50.
(b)Where the rate calculated under paragraph (a) (ii) at which, but for this paragraph, the carer’s allowance would be payable is less than €2.50, the allowance shall not be payable.
(3)[deleted]
(4)Any increase in carer’s allowance payable under subsection (1) in respect of a qualified child who normally resides with a beneficiary and with the spouse, civil partner or cohabitant of a beneficiary shall be payable at one-half of the appropriate amount.
182.
Payment of allowance.
Notwithstanding this Chapter –
(a)only one carer’s allowance or a payment under section 186A, as the case may be, shall be payable to a carer, and only one carer’s allowance or payment under section 186A, as the case may be, shall be payable in any week in respect of the full-time care and attention being provided to a relevant person, and
(b)carer’s allowance shall not be payable in respect of the full-time care and attention being provided to a relevant person in any case where a carer’s benefit under Part 2 is being paid to any person in respect of the full-time care and attention being provided to the same relevant person.
183. Prescribed relative allowance.
Repealed from 31 December 2018
(1)A prescribed relative allowance which, by virtue of the Social Welfare (Consolidation) Act 1981, and regulations made under or applying that Act, is payable immediately before the commencement of this Act shall, subject to section 184, continue to be paid at the rate set out in column (5) of Part 1 of Schedule 2 or column (5) of Part 1 of Schedule 4, as appropriate, for as long as –
(a)the beneficiary remains so incapacitated as to require full-time care and attention,
(b)a prescribed relative of the beneficiary is residing with the beneficiary for the purpose of providing that care and attention, 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.
184. Entitlement to prescribed relative allowance.
Repealed from 31 December 2018
(1)A prescribed relative allowance shall cease to be paid to a relevant person or prescribed relative, as the case may be, where the prescribed relative becomes entitled to and receives a carer’s allowance or a payment under section 186A.
(2)Notwithstanding anything contained in this Act, a prescribed relative allowance shall not be paid where a claim for that allowance is made on or after 1 November 1990.
185.
Medical examination.
(1)A relevant person in respect of whose full-time care and attention a carer is entitled to or in receipt of carer’s allowance or a payment under section 186A shall attend for or submit to such medical or other examination as may be required in accordance with regulations.
(2)Regulations under subsection (1) may also provide for disqualifying a person for receiving carer’s allowance or a payment under section 186A where the relevant person in respect of whose full-time care and attention the allowance or payment, as the case may be is payable fails without good cause to attend for or submit to such medical or other examination as may be required in accordance with those regulations.
186.
Regulations.
(1)The Minister shall make regulations for the purpose of giving effect to this Chapter.
(2)Regulations under this section may, in particular and without prejudice to the generality of subsection (1) –
(a)[deleted]
(b)provide for –
(i)entitling to carer’s allowance the class or classes of person that may be prescribed who would be entitled to that allowance but for the fact that the conditions as to means as calculated in accordance with the Rules contained in Part 5 of Schedule 3 are not satisfied, or
(ii)entitling to carer’s allowance at a rate higher than that calculated in accordance with section 181 (2) the class or classes of person that may be prescribed, and the rate of allowance so payable may vary in accordance with the claimant’s means.
186A.
Payment of carer’s allowance in certain circumstances.
(1)Subject to this Act, a payment shall, in the circumstances and subject to the conditions that may be prescribed, be made to a carer.
(2)A carer shall not be entitled to a payment under this section unless the carer is habitually resident in the State.
(3)Subject to subsection (5), the rate of payment under this section shall be calculated in accordance with section 181 (other than subparagraphs (i), (ia) and (ii) of subsection (1)).
(4)The amount payable under this section shall be half the amount calculated in accordance with subsection (3).
(5)Notwithstanding this section –
(a)only one payment under this section shall be made to a carer, and only one such payment shall be made in any week in respect of the full-time care and attention being provided to a relevant person,
(b)a payment under this section shall not be made in respect of the full-time care and attention being provided to a relevant person in any case where a carer’s benefit under Part 2 is being paid to any person in respect of the full-time care and attention being provided to the same relevant person,
(c)a payment under this section shall not be made to a relevant person,
(d)a payment under this section shall not be made where the carer
(i)engages in employment, self-employment, or any course of education or training,
(ii)is entitled to or in receipt of jobseeker’s benefit, jobseeker’s benefit (self-employed) or jobseeker’s allowance,
(iia)is entitled to or in receipt of back to work family dividend,
(iii)is a person to whom Article 58 of the Regulations of 1996 applies in respect of proven unemployment, or
(iv)is entitled to or in receipt of weekly supplementary welfare allowance under section 197.
(6)Notwithstanding subsection (5) (d) (i), for the purposes of a payment under this section, the Minister may make regulations to provide that a carer may engage in employment, self-employment, or any course of education or training, subject to the conditions and in the circumstances that may be prescribed.
Part 5
Respite Care Grant (ss. 224-226)
224.
Interpretation.
(1)In this Part –
“carer” means a person ordinarily resident in the State who has attained the age of 16 years and –
(a)is in receipt of or entitled to carer’s benefit, carer’s allowance, domicillary care allowance or a payment under section 186A, or
(b)[deleted]
(c)is providing full-time care and attention to a person who is in receipt of an increase of disablement pension under section 78 in respect of the need for constant attendance, or
(d)resides with and has provided, is providing or is likely to provide full-time care and attention for such periods and on such date as may be prescribed to a relevant person, or
(e)subject to the conditions and in the circumstances that may be prescribed, does not reside with but has provided, is providing or is likely to provide full-time care and attention for such periods and on such date as may be prescribed to a relevant person;
“institution” means a hospital, convalescent home or home for people suffering from physical or mental disability or ancillary accommodation, nursing home for the care and maintenance of dependent elderly people or any other similar establishment providing residence, maintenance or care;
“relevant person” means a person who is ordinarily resident in the State and is so incapacitated that he or she requires full-time care and attention within the meaning of subsection (2).
(2)For the purposes of the definition of ‘relevant person’ in this Part, a person shall not be regarded as requiring full-time care and attention unless the person is so incapacitated that he or she requires from another person –
(a)continual supervision and frequent assistance throughout the day in connection with normal bodily functions, or
(b)continual supervision in order to avoid danger to himself or herself.
(3)The Minister may make regulations specifying the circumstances and conditions under which a person is to be regarded as providing full-time care and attention to a relevant person.
225.
Entitlement to carer’s support grant.
(1)Subject to subsections (2) and (5), an annual grant (in this Act referred to as a “carer’s support grant”) in the amount €1,850 shall be payable to a carer in respect of each relevant person in his or her care and only one such annual grant shall be payable in respect of a relevant person.
(2)Subject to subsections (3) and (4), a grant shall not be payable to a carer where –
(a)he or she engages in employment, self-employment, or any course of education or training, or
(b)he or she is entitled to or in receipt of jobseeker’s benefit, jobseeker’s benefit (self-employed) or jobseeker’s allowance, or
(c)he or she is a person to whom article 58 of the Regulations of 1996 applies in respect of proven unemployment, or
(d)[deleted]
(e)the relevant person is resident in an institution.
(3)The Minister may by regulations provide that a carer may engage in employment, self-employment, or any course of education or training subject to the limitations in relation to the hours or remuneration that may be prescribed and subject to the conditions and in the circumstances that may be prescribed.
(4)The Minister may by regulations provide for entitling to a carer’s support grant a carer who would be entitled to the grant but for the fact that the relevant person is temporarily resident in an institution or temporarily residing with another person.
(5)Regulations made under this section may provide for the date in each year on which a carer’s support grant shall become payable to a carer.
226.
Medical examination.
(1)A relevant person in respect of whose full-time care and attention a carer is entitled to a carer’s support grant shall attend for or submit to any medical or other examination that may be required in accordance with regulations.
(2)Regulations under subsection (1) may provide for disqualifying a person from receiving a carer’s support grant where the relevant person, in respect of whose full-time care and attention the grant is payable, fails without good cause to attend for or to submit to any medical or other examination that may be required in accordance with those regulations.