Carers Benefit

SWCA 2005

Chapter 14

Carer’s Benefit (ss. 99-107)

99.

Interpretation.

(1)Subject to this Act, in this Chapter –

“carer” means a person who has attained the age of 16 years and who –
(a)resides with and provides full-time care and attention to a relevant person, or
(b)subject to the conditions and in the circumstances that may be prescribed, does not reside with but provides full-time care and attention to a relevant person;

“relevant period” means the period of 26 weeks immediately before the first day in respect of which a claim to carer’s benefit is made;

“relevant person” means a person who has such a disability that he or she requires full-time care and attention.

(2)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 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.

100.

Entitlement to benefit.

(1)Subject to this Act, a benefit (in this Act referred to as “carer’s benefit”) shall be payable to a carer where he or she –

(a)was engaged in remunerative full-time employment as an employed contributor for not less than 8 weeks, whether consecutive or not, within the relevant period,

(b)does not engage in employment, self-employment, or any course of education or training, and

(c)satisfies the contribution conditions in section 101.

(2)Subsection (1) (a) shall not apply in respect of a claimant who was in receipt of carer’s benefit within the relevant period.

(3)Notwithstanding subsection (1) (b), 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 limitations in relation to hours or remuneration that may be prescribed and subject to the conditions and in the circumstances that may be prescribed.

(4)Subsection (1) (c) shall not apply in the case of a claimant who was previously in receipt of carer’s benefit.

(5)In this section “remunerative full-time employment” means remunerative employment for not less than 16 hours a week within the 8 weeks referred to in subsection (1)(a) or any period that may be prescribed under subsection (6), provided that where any 2 of those weeks are consecutive, the requirement in relation to those 2 weeks may be satisfied by an aggregate of not less than 32 hours in that fortnight.

(6)Regulations may provide that, subject to the conditions and in the circumstances that may be prescribed, in the case of a person who was absent from his or her employment within the relevant period referred to in subsection (1) (a), by reason of being on such leave from that employment as may be prescribed, the condition specified in subsection (1) (a) shall be regarded as being satisfied in respect of that person if he or she was engaged in remunerative full-time employment as an employed contributor for 8 weeks, whether consecutive or not, within the relevant period (other than the relevant period referred to in that subsection) that may be prescribed (and the period that may be so prescribed may comprise 2 or more periods which, taken together, amount to a period of 26 weeks).

101.

Conditions for receipt.

(1)The contribution conditions for carer’s benefit are that the carer has qualifying contributions in respect of not less than 156 contribution weeks in the period between his or her entry into insurance and the first day for which the benefit is claimed, and qualifying contributions in respect of not less than –

(a)39 contribution weeks in the second last complete contribution year before the beginning of the benefit year which includes the first day for which the benefit is claimed, or

(b)39 contribution weeks in the 12 months immediately before the first day for which the benefit is claimed, or

(c)26 weeks in each of the second last and third last complete contribution years before the beginning of the benefit year which includes the first day for which the benefit is claimed.

(2)Regulations may provide for modification of the contribution conditions set out in subsection (1).

102.

Rate of benefit.

(1)Subject to this Act, the rate (in this Chapter referred to as the “scheduled rate”) of carer’s benefit 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 7(b) in Part 1 of Schedule 2, and

(b)in any other case, the weekly rate set out in column (2) at reference 7(a) in Part 1 of Schedule 2,

increased by the appropriate amount set out 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, or as the case may be, the appropriate amount set out 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.

(2)Subject to subsections (3) and (4), any increase of carer’s benefit payable under subsection (1) in respect of a qualified child who normally resides with the beneficiary and with the spouse, civil partner or cohabitant of the beneficiary shall be payable at the rate of one-half of the appropriate amount and subsection (1) shall be read and have effect accordingly.

(3)Subsection (2) shall not apply and no increase of carer’s benefit payable under subsection (1) in respect of a qualified child who normally resides with the beneficiary and with the spouse, civil partner or cohabitant of the beneficiary shall be payable where the weekly income of that spouse, civil partner or cohabitant, calculated or estimated in the manner that may be prescribed, exceeds the amount that may be prescribed.

(4)Subsection (3) shall not apply in the case of any claim for carer’s benefit which is made before 5 July 2012.

103.

Duration of payment.

A carer who has been in receipt of carer’s benefit for 104 weeks, whether consecutive or not, in respect of the full-time care and attention being provided to a relevant person, shall not thereafter be entitled to that benefit in respect of the full-time care and attention being provided to the same relevant person.

104.

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 benefit, 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 also provide for disqualifying a person for receiving carer’s benefit where the relevant person, in respect of whose full-time care and attention the benefit 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.

105.

Payment of benefit.

Notwithstanding this Chapter –

(a)only one carer’s benefit shall be payable to a carer, and only one carer’s benefit shall be payable in any week in respect of the full-time care and attention being provided to a relevant person,

(b)carer’s benefit shall not be payable in respect of the full-time care and attention being provided to a relevant person in any case where the relevant person is in receipt of an increase of disablement pension under section 78 in respect of constant attendance, and

(c)carer’s benefit 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 allowance under Part 3 is being paid to any person in respect of the full-time care and attention being provided to the same relevant person

(d)[deleted]

106.

Disqualification.

A person who, having been in receipt of carer’s benefit for less than 6 weeks in respect of the full-time care and attention being provided to a relevant person, ceases to be entitled to that benefit, shall be disqualified for receipt of carer’s benefit in respect of the full-time care and attention being provided to the same relevant person for 6 weeks from the last day for which he or she was entitled to the benefit.

107.

Regulations.

Regulations may provide for requiring an employer or any other person to give any information that may be required for the purpose of determining a claim to carer’s benefit.