{"id":19903,"date":"2022-11-01T22:00:45","date_gmt":"2022-11-01T22:00:45","guid":{"rendered":"https:\/\/legalblog.ie\/?p=19903"},"modified":"2024-04-08T20:05:49","modified_gmt":"2024-04-08T20:05:49","slug":"carers-allowance","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/carers-allowance\/","title":{"rendered":"Carer&#8217;s Allowance"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/carers-allowance\/#Qualification_for_Carers_Allowance\" title=\"Qualification for Carer&#8217;s Allowance\">Qualification for Carer&#8217;s Allowance<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/carers-allowance\/#Person_Cared_For\" title=\"Person Cared For\">Person Cared For<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/carers-allowance\/#Rates_Means\" title=\"Rates &amp; Means\">Rates &amp; Means<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/carers-allowance\/#Financial_Crisis_Amendments\" title=\"Financial Crisis Amendments\">Financial Crisis Amendments<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/carers-allowance\/#2015_16_Amendments\" title=\"2015 \/16 Amendments\">2015 \/16 Amendments<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/carers-allowance\/#Caring_for_Person_receiving_DCA\" title=\"Caring for Person receiving DCA\">Caring for Person receiving DCA<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/carers-allowance\/#Former_Respite_Care_Grant\" title=\"Former Respite Care Grant\">Former Respite Care Grant<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/carers-allowance\/#_Carers_Support_Grant\" title=\"\u00a0Carer&#8217;s Support Grant\">\u00a0Carer&#8217;s Support Grant<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/carers-allowance\/2\/#SWAC_2005\" title=\"SWAC 2005\">SWAC 2005<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/carers-allowance\/2\/#Carers_Allowance_ss_179-186A\" title=\"Carer&#8217;s Allowance (ss. 179-186A)\">Carer&#8217;s Allowance (ss. 179-186A)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/carers-allowance\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/carers-allowance\/2\/#Entitlement_to_allowance\" title=\"Entitlement to allowance.\">Entitlement to allowance.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/carers-allowance\/2\/#Rate_of_allowance\" title=\"Rate of allowance.\">Rate of allowance.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/carers-allowance\/2\/#Payment_of_allowance\" title=\"Payment of allowance.\">Payment of allowance.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/carers-allowance\/2\/#Medical_examination\" title=\"Medical examination.\">Medical examination.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/carers-allowance\/2\/#Regulations\" title=\"Regulations.\">Regulations.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/carers-allowance\/2\/#Payment_of_carers_allowance_in_certain_circumstances\" title=\"Payment of carer&#8217;s allowance in certain circumstances.\">Payment of carer&#8217;s allowance in certain circumstances.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/carers-allowance\/2\/#Respite_Care_Grant_ss_224-226\" title=\"Respite Care Grant (ss. 224-226)\">Respite Care Grant (ss. 224-226)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/carers-allowance\/2\/#Interpretation-2\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/carers-allowance\/2\/#Entitlement_to_carers_support_grant\" title=\"Entitlement to carer&#8217;s support grant.\">Entitlement to carer&#8217;s support grant.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/carers-allowance\/2\/#Medical_examination-2\" title=\"Medical examination.\">Medical examination.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Qualification_for_Carers_Allowance\"><\/span>Qualification for Carer&#8217;s Allowance<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A carer&#8217;s allowance is payable to a person giving full-time care and attention to certain persons who require it. Secondary benefits are payable.<\/p>\n<p>The person must reside with and provide full-time care and attention to the other person. Under some circumstances, the requirement to live together may not apply.<\/p>\n<p>The carer must not be engaged in employment outside the home or a trade. He or she must be over 18 years old and not residing in an institution. An institution can cover a range of accommodation and also HSE boarding placements.<\/p>\n<p>An institution covers a hospital, convalescent home or home for persons suffering physical or mental disability and similar establishment. It covers a private dwelling where a person is boarded by arrangement with the Health Service Executive. The carer must be habitually resident.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Person_Cared_For\"><\/span>Person Cared For<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A carer who does not reside with the person concerned may qualify if there is a direct system of communication between their residences and the person must not already have been receiving care and attention from another.<\/p>\n<p>The person being taken care of must have a disability which requires full-time care and attention. He must generally be over 16 years or be under 16 years and be entitled to it domiciliary care allowance.<\/p>\n<p>The disability must be such that the person requires continual supervision and frequent assistance on a daily basis in connection with normal bodily functions or requires supervision to avoid danger.\u00a0He must be likely to require full time care and attention for at least a year and the nature of such disability must be certified by a medical doctor. The payments may continue while that person cared for is in an institution undergoing medical or the treatment for up to 13 weeks.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Rates_Means\"><\/span>Rates &amp; Means<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The means test is similar to other means test. However, there are some significant differences. The income of a carer and spouse under \u20ac 665 per week is disregarded. This income up to \u20ac332.50 of a single carer is also disregarded.<\/p>\n<p>The allowance is flat rate payment with increments for\u00a0 children but not the spouses.\u00a0A special half rates carers\u2019 allowance is payable to certain carers in receipt off other social welfare payments subject to certain conditions.<\/p>\n<p>If the carer&#8217;s spouse receives a pension or social welfare pension from another state, the level up to the Contributory State Pension is disregarded as means.<\/p>\n<p>The carer may undertake employment or self-employment or undertake training or education of 15 hours a week outside the home. The income of a carer and spouse is assessed under the means test. The first \u20ac665 of weekly income is disregarded.<\/p>\n<p>Generally, a higher rate is payable, where more than one person is being cared for.\u00a0There are increases for qualified children. The 2007 Act provides for a half rate allowance.<\/p>\n<p>A person is disqualified if absent from the State or in prison.\u00a0The person must be habitually resident.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Financial_Crisis_Amendments\"><\/span>Financial Crisis Amendments<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 2010 Act \u00a0amends the rules relating to the means test for the Carer\u2019s Allowance scheme so as to exempt any foreign social security payments, up to the appropriate level of the Irish State Pension Contributory, that are paid to the carer or the spouse of the carer. It clarifies that a general income disregard for the purposes of Carer\u2019s Allowance for a couple will not apply to income from a social security payment, whether an Irish social welfare payment or an EU or foreign social security payment.<\/p>\n<p>The 2011 Act provides for discontinuing the current entitlement to the payment of a half-rate qualified child increase where the spouse, civil partner or cohabitant of the beneficiary has weekly income in excess of a prescribed amount (i.e. \u20ac400) in the case of new claimants for Carer\u2019s Benefit, State Pension (Contributory), State Pension (Transition) and Invalidity Pension, with effect from the beginning of July 2012. It \u00a0also extends the reference to the \u2018\u2018spouse\u2019\u2019 of the beneficiary, in the case of similar provisions applying to the Incapacity Supplement scheme, to include a reference also to the \u2018\u2018civil partner or cohabitant\u2019\u2019 of the beneficiary.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"2015_16_Amendments\"><\/span>2015 \/16 Amendments<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 2015 Act\u00a0 provided for the amendment of the Carer\u2019s Benefit, Carer\u2019s Allowance and Respite Care Grant schemes in order to clarify the circumstances in which a person is to be considered as requiring full-time care and attention for the purposes of qualifying for these schemes, and \u2014 clarify that eligibility for these schemes is determined by a deciding officer on the basis of all the information provided to support the applicant\u2019s claim, including all relevant medical evidence in relation to the requirement for care.<\/p>\n<p>The 2016 Act amended the definition of a \u201cqualified adult\u201d in the Act to formally provide that, as has been the policy intent and practice since the introduction of the half-rate Carer\u2019s Allowance payment in 2007, a person in respect of whom an increase for a qualified adult is being paid is not disqualified from receipt of a half-rate Carer\u2019s Allowance in his\/her own right.<\/p>\n<p>The 2018 Act provided for the formal repeal of the Prescribed Relative Allowance, a legacy scheme which had been closed to new applicants since the introduction in 1990 of the Carer\u2019s Allowance scheme.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Caring_for_Person_receiving_DCA\"><\/span>Caring for Person receiving DCA<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 2018 Act provides for the continued payment of the Domiciliary Care Allowance for three months in cases where the child being cared for dies and for increases in the weekly earnings disregard for recipients of the One-parent Family payment.<\/p>\n<p>The 2019 Act\u00a0 updates the legislative provisions governing entitlement to Carer\u2019s Allowance to confirm that the definition of a relevant person (i.e. a person who requires full-time care and attention) means, in the case of a person aged under 16, a person in respect of whom a Domiciliary Care Allowance is in payment.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Former_Respite_Care_Grant\"><\/span>Former Respite Care Grant<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A Respite Care Grant is an annual payment of up to \u20ac1700. It may be paid to a person<\/p>\n<ul>\n<li>ordinarily resident in the State,<\/li>\n<li>over 16 years of age,<\/li>\n<li>in receipt of a Carer&#8217;s Benefit or Carer&#8217;s Allowance or a prescribed a relative in relation to whom an allowance is payable;<\/li>\n<li>providing full time care and attention to the person who is in receipt of an increase of Disablement Pension, in need for constant attention;<\/li>\n<li>resides with, has provided or is providing full-time care and attention for such periods as may be prescribed in relation to the person;<\/li>\n<li>or subject to conditions does not reside with but has provided or is providing or is likely to provide full-time care and attention for such periods as may be prescribed.<\/li>\n<\/ul>\n<p>The relevant person is defined in the same way as the person who is receiving care for the purpose of the Carer&#8217;s Allowance and Benefit. Respite Care is not subject to means tests or contribution requirements.\u00a02008 amendments provide that the Grant is not paid to persons<\/p>\n<ul>\n<li>who engage in employment or self-employment,<\/li>\n<li>are entitled to or in receipt of Jobseeker&#8217;s Benefit or Allowance;<\/li>\n<li>in receipt of credited contributions in respect of unemployment;<\/li>\n<li>or if the person receiving care is resident in an institution.Institution is defined in the same way as above.<\/li>\n<\/ul>\n<p>The carer must be ordinarily resident in the State.\u00a0A carer may be regarded as providing full time care and attention when<\/p>\n<ul>\n<li>the carer is undergoing medical or other treatment of a temporary nature in intuitions for a period of not more than 13 weeks;<\/li>\n<li>the person being cared for is undergoing medical or other treatment of a temporary nature in an institution; or<\/li>\n<li>is temporarily being cared for or residing with another for a period of not more than 13 weeks;<\/li>\n<li>the person being cared for is attending a non-residential course of rehabilitation training provided by a body recognised by the Department of Health or a non-residential place of day care approved by the Minister for Health or<\/li>\n<li>the carer is undertaking a training course or education outside the home for up to 15 hours per week, subject to such conditions as may be specified.<\/li>\n<\/ul>\n<p>A carer is disqualified from receiving the Respite Care Grant if he fails \u00a0without good cause to attend, submit to medical examination.<\/p>\n<p>The 2012 Act\u00a0 reduced the amount of the annual Respite Care Grant by \u20ac325, from \u20ac1,700 to \u20ac1,375. The new rate\u00a0 applied to all claimants who qualify for the annual Respite Care Grant in June 2013 and in each subsequent year.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"_Carers_Support_Grant\"><\/span>\u00a0Carer&#8217;s Support Grant<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 2015 Act\u00a0 provided for the renaming of the Respite Care Grant to Carer\u2019s Support Grant. It provided for every reference to Respite Care Grant in the Social Welfare Consolidation Act 2005 and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to be amended to Carer\u2019s Support Grant. The 2015 Act\u00a0 provided for an increase of \u20ac325 to the annual Carer\u2019s Support Grant (currently the Respite Care Grant) from \u20ac1,375 to \u20ac1,700.<\/p>\n<p>The 2015 Act\u00a0 provided for the amendment of the Carer\u2019s Benefit, Carer\u2019s Allowance and Respite Care Grant schemes in order to clarify the circumstances in which a person is to be considered as requiring full-time care and attention for the purposes of qualifying for these schemes, and\u00a0 clarify that eligibility for these schemes is determined by a deciding officer on the basis of all the information provided to support the applicant\u2019s claim, including all relevant medical evidence in relation to the requirement for care.<\/p>\n<p>The 2020 Act provided for an increase of \u20ac150 in the Carer\u2019s Support Grant, raising the payment to \u20ac1,850. The Carer\u2019s Support Grant (formerly called the Respite Care Grant) is an annual payment for carers who look after certain people in need of full-time care and attention. The grant is paid annually in a single lump sum, usually on the first Thursday in June. The grant is not means-tested and is not taxable.<\/p>\n<p><!--nextpage--><\/p>\n<h2>SWAC 2005<\/h2>\n<p>&nbsp;<\/p>\n<p>Chapter 8<\/p>\n<h4>Carer&#8217;s Allowance (ss. 179-186A)<\/h4>\n<p>179.<\/p>\n<h4>Interpretation.<\/h4>\n<p>(1)Subject to this Act, in this Chapter &#8211;<\/p>\n<p>&#8220;carer&#8221; means &#8211;<br \/>\n(a)a person who resides with and provides full-time care and attention to a relevant person, or<br \/>\n(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.<\/p>\n<p>&#8220;relevant person&#8221; 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 &#8211;<br \/>\n(a)has attained the age of 16 years, or<br \/>\n(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;<\/p>\n<p>&#8220;weekly means&#8221; means, subject to Rule 1(1) of Part 5 of Schedule 3, the yearly means divided by 52.<\/p>\n<p>(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.<\/p>\n<p>(3)For the purposes of this Chapter, means shall be calculated in accordance with the Rules contained in Part 5 of Schedule 3.<\/p>\n<p>(4)For the purposes of the definition of &#8216;relevant person&#8217; 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 &#8211;<\/p>\n<p>(a)requires from another person &#8211;<\/p>\n<p>(i)continual supervision and frequent assistance throughout the day in connection with normal bodily functions, or<\/p>\n<p>(ii)continual supervision in order to avoid danger to himself or herself,<\/p>\n<p>and<\/p>\n<p>(b)is likely to require such full-time care and attention for at least 12 consecutive months.<\/p>\n<p>180.<\/p>\n<h4>Entitlement to allowance.<\/h4>\n<p>(1)Subject to this Act, an allowance (in this Act referred to as &#8220;carer&#8217;s allowance&#8221;) shall, in the circumstances and subject to the conditions that may be prescribed, be payable to a carer.<\/p>\n<p>(2)A carer shall not be entitled to an allowance under this section unless he or she is habitually resident in the State.<\/p>\n<p>181.<\/p>\n<h4>Rate of allowance.<\/h4>\n<p>(1)Subject to this Act, the rate (in this Chapter referred to as &#8220;the scheduled rate&#8221;) of carer&#8217;s allowance shall be &#8211;<\/p>\n<p>(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<\/p>\n<p>(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 &#8211;<\/p>\n<p>(i)the appropriate amount set out &#8211;<\/p>\n<p>(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<\/p>\n<p>(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,<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>(2)<\/p>\n<p>(a)A carer&#8217;s allowance shall be payable where &#8211;<\/p>\n<p>(i)the weekly means of the claimant or beneficiary do not exceed \u20ac7.60, at the scheduled rate, and<\/p>\n<p>(ii)subject to paragraph (b), the weekly means exceed \u20ac7.60, at the scheduled rate reduced by \u20ac2.50 for each amount (if any) of \u20ac2.50 by which those weekly means exceed \u20ac7.60, any fraction of \u20ac2.50 in those weekly means being treated for this purpose as \u20ac2.50.<\/p>\n<p>(b)Where the rate calculated under paragraph (a) (ii) at which, but for this paragraph, the carer&#8217;s allowance would be payable is less than \u20ac2.50, the allowance shall not be payable.<\/p>\n<p>(3)[deleted]<\/p>\n<p>(4)Any increase in carer&#8217;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.<\/p>\n<p>182.<\/p>\n<h4>Payment of allowance.<\/h4>\n<p>Notwithstanding this Chapter &#8211;<\/p>\n<p>(a)only one carer&#8217;s allowance or a payment under section 186A, as the case may be, shall be payable to a carer, and only one carer&#8217;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<\/p>\n<p>(b)carer&#8217;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&#8217;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.<\/p>\n<p>183. Prescribed relative allowance.<br \/>\nRepealed from 31 December 2018<br \/>\n(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 &#8211;<\/p>\n<p>(a)the beneficiary remains so incapacitated as to require full-time care and attention,<\/p>\n<p>(b)a prescribed relative of the beneficiary is residing with the beneficiary for the purpose of providing that care and attention, and<\/p>\n<p>(c)the conditions contained in the Social Welfare (Prescribed Relative Allowance) Regulations 1989 (S.I. No. 361 of 1989) continue to be fulfilled.<\/p>\n<p>(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.<\/p>\n<p>184. Entitlement to prescribed relative allowance.<br \/>\nRepealed from 31 December 2018<br \/>\n(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&#8217;s allowance or a payment under section 186A.<\/p>\n<p>(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.<\/p>\n<p>185.<\/p>\n<h4>Medical examination.<\/h4>\n<p>(1)A relevant person in respect of whose full-time care and attention a carer is entitled to or in receipt of carer&#8217;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.<\/p>\n<p>(2)Regulations under subsection (1) may also provide for disqualifying a person for receiving carer&#8217;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.<\/p>\n<p>186.<\/p>\n<h4>Regulations.<\/h4>\n<p>(1)The Minister shall make regulations for the purpose of giving effect to this Chapter.<\/p>\n<p>(2)Regulations under this section may, in particular and without prejudice to the generality of subsection (1) &#8211;<\/p>\n<p>(a)[deleted]<\/p>\n<p>(b)provide for &#8211;<\/p>\n<p>(i)entitling to carer&#8217;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<\/p>\n<p>(ii)entitling to carer&#8217;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&#8217;s means.<\/p>\n<p>186A.<\/p>\n<h4>Payment of carer&#8217;s allowance in certain circumstances.<\/h4>\n<p>(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.<\/p>\n<p>(2)A carer shall not be entitled to a payment under this section unless the carer is habitually resident in the State.<\/p>\n<p>(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)).<\/p>\n<p>(4)The amount payable under this section shall be half the amount calculated in accordance with subsection (3).<\/p>\n<p>(5)Notwithstanding this section &#8211;<\/p>\n<p>(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,<\/p>\n<p>(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&#8217;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,<\/p>\n<p>(c)a payment under this section shall not be made to a relevant person,<\/p>\n<p>(d)a payment under this section shall not be made where the carer<\/p>\n<p>(i)engages in employment, self-employment, or any course of education or training,<\/p>\n<p>(ii)is entitled to or in receipt of jobseeker&#8217;s benefit, jobseeker\u2019s benefit (self-employed) or jobseeker&#8217;s allowance,<\/p>\n<p>(iia)is entitled to or in receipt of back to work family dividend,<\/p>\n<p>(iii)is a person to whom Article 58 of the Regulations of 1996 applies in respect of proven unemployment, or<\/p>\n<p>(iv)is entitled to or in receipt of weekly supplementary welfare allowance under section 197.<\/p>\n<p>(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.<\/p>\n<p>Part 5<\/p>\n<h4>Respite Care Grant (ss. 224-226)<\/h4>\n<p>224.<\/p>\n<h4>Interpretation.<\/h4>\n<p>(1)In this Part &#8211;<\/p>\n<p>&#8220;carer&#8221; means a person ordinarily resident in the State who has attained the age of 16 years and &#8211;<br \/>\n(a)is in receipt of or entitled to carer&#8217;s benefit, carer&#8217;s allowance, domicillary care allowance or a payment under section 186A, or<br \/>\n(b)[deleted]<br \/>\n(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<br \/>\n(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<br \/>\n(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;<\/p>\n<p>&#8220;institution&#8221; 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;<\/p>\n<p>&#8220;relevant person&#8221; 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).<\/p>\n<p>(2)For the purposes of the definition of &#8216;relevant person&#8217; 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 &#8211;<\/p>\n<p>(a)continual supervision and frequent assistance throughout the day in connection with normal bodily functions, or<\/p>\n<p>(b)continual supervision in order to avoid danger to himself or herself.<\/p>\n<p>(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.<\/p>\n<p>225.<\/p>\n<h4>Entitlement to carer&#8217;s support grant.<\/h4>\n<p>(1)Subject to subsections (2) and (5), an annual grant (in this Act referred to as a &#8220;carer&#8217;s support grant&#8221;) in the amount \u20ac1,850 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.<\/p>\n<p>(2)Subject to subsections (3) and (4), a grant shall not be payable to a carer where &#8211;<\/p>\n<p>(a)he or she engages in employment, self-employment, or any course of education or training, or<\/p>\n<p>(b)he or she is entitled to or in receipt of jobseeker&#8217;s benefit, jobseeker\u2019s benefit (self-employed) or jobseeker&#8217;s allowance, or<\/p>\n<p>(c)he or she is a person to whom article 58 of the Regulations of 1996 applies in respect of proven unemployment, or<\/p>\n<p>(d)[deleted]<\/p>\n<p>(e)the relevant person is resident in an institution.<\/p>\n<p>(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.<\/p>\n<p>(4)The Minister may by regulations provide for entitling to a carer&#8217;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.<\/p>\n<p>(5)Regulations made under this section may provide for the date in each year on which a carer&#8217;s support grant shall become payable to a carer.<\/p>\n<p>226.<\/p>\n<h4>Medical examination.<\/h4>\n<p>(1)A relevant person in respect of whose full-time care and attention a carer is entitled to a carer&#8217;s support grant shall attend for or submit to any medical or other examination that may be required in accordance with regulations.<\/p>\n<p>(2)Regulations under subsection (1) may provide for disqualifying a person from receiving a carer&#8217;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.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-19903\" data-postid=\"19903\" class=\"themify_builder_content themify_builder_content-19903 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Qualification for Carer&#8217;s Allowance A carer&#8217;s allowance is payable to a person giving full-time care and attention to certain persons who require it. Secondary benefits are payable. The person must reside with and provide full-time care and attention to the other person. Under some circumstances, the requirement to live together may not apply. The carer [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[290],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19903"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=19903"}],"version-history":[{"count":15,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19903\/revisions"}],"predecessor-version":[{"id":35048,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19903\/revisions\/35048"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=19903"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=19903"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=19903"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}