Social Welfare Act, 1991

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Carer's allowance.

8.—(1) Section 198G (inserted by section 17 of the Act of 1990) of the Principal Act is hereby amended—

(a) by the substitution for the definition of “relevant pensioner” of the following definition:

“‘relevant pensioner’ means a person (other than a person in receipt of a payment in respect of need for constant attendance under section 46) who is so incapacitated as to require full-time care and attention, and who under the provisions of this Act—

(a) is in receipt of—

(i) old age (contributory) pension,

(ii) invalidity pension,

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

(iv) blind pension,

(v) a maintenance allowance under section 69 of the Health Act, 1970 , or

(vi) a payment corresponding to a pension referred to in subparagraph (i) to a person who is over pensionable age, or in subparagraph (ii) from another Member State of the European Communities, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 307, or

(b) 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 of the European Communities, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 307;”, and

(b) by the insertion after subsection (2) of the following subsection:

“(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.”.

(2) Section 198I (inserted by section 17 of the Act of 1990) of the Principal Act is hereby amended by the substitution for subsection (3) of the following subsection:

“(3) Notwithstanding subsection (2), where, immediately before the commencement of this Chapter, 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 (6) 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.”.

(3) Section 198L (2) (inserted by section 17 of the Act of 1990) of the Principal Act is hereby amended by the substitution for paragraph (c) of the following paragraph:

“(c) 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 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 198I 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.”.

(4) (a) Paragraph (a) of subsection (1) of this section shall come into operation on such day as the Minister may appoint by order.

(b) Subsection (2) of this section shall come into operation on the 25th day of July, 1991.