S.I. No. 256/1999 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Carer's Allowance) Regulations, 1999.

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 4, 163(1) (as amended by section 10 of the Social Welfare Act, 1999 (No. 3 of 1999)) and 163(1A) (inserted by the Social Welfare Act, 1997 (No. 10 of 1997)) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), Rule 1(7) (inserted by section 12 (b) of the Social Welfare Act, 1999 ) and Rule 4(1B) (inserted by section 12(c) of the Social Welfare Act, 1999 ) of Part II of the Third Schedule of the said Act hereby makes the following Regulations:

Citation and construction.

(1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Carer's Allowance) Regulations, 1999.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1999 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 1999.

Definitions.

2. In these Regulations—

“the Principal Regulations” means the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 );

“the Regulations of 1995” means the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) Regulations, 1995 ( S.I. No. 146 of 1995 );

“the Regulations of 1997” means the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Carer's Allowance) Regulations, 1997 ( S.I. No. 333 of 1997 ).

Commencement.

3. These Regulations shall come into operation on the 5th day of August, 1999.

Non-resident carer.

4. The Principal Regulations are hereby amended by—

(a) the substitution in article 85 for “The conditions” of “Subject to article 86(c), the conditions”, and

(b) the insertion after article 85 of the following article:

(a) a direct system of communication must exist between the carer's residence and that of the relevant person,

(b) the relevant person is not already receiving full-time care and attention within his or her own residence from a person other than the applicant,

(c) the carer must live in close proximity to the relevant person and provide full-time care and attention to the relevant person.

(2) (a) For the purposes of paragraph (a) of sub-article (1) a system of communication shall include a telephone or alarm system.

(b) For the purposes of paragraph (c) of sub-article (1) the circumstances in which a carer will be regarded as living in close proximity to a relevant person shall include, living—

(i) next door in an adjacent house,

(ii) on the same property, or

(iii) in the immediate neighbourhood.”.

Full-time care and attention.

5. The Principal Regulations are hereby amended by—

(a) the substitution in article 86(b) in subparagraph (ii) (inserted by article 3 of the Regulations of 1997) for “Children.” of “Children, or”, and

(b) the insertion in article 86 after paragraph (b) of the following paragraph

(c) he or she is employed outside the home for 10 hours or less per week provided that it is shown to the satisfaction of a deciding officer or an appeals officer that adequate provision has been made for the care of the relevant person.”.

Assessment of means.

6. The Principal Regulations are hereby amended by the substitution for article 89(2) (as amended by article 8 of the Regulations of 1995) of the following sub-article:

“(2) (a) The amount prescribed for the purposes of paragraph 7 of Rule 1 of Part II of the Third Schedule to the Principal Act shall be £75 per week.

(b) The amount prescribed for the purposes of paragraph (1B) of Rule 4 of Part II of the Third Schedule to the Principal Act shall be £150 per week.”

Definitions.

7. The Principal Regulations are hereby amended by the substitution in articles 84 and 86 for “relevant pensioner” of “relevant person” in each place where it occurs.

The Minister for Finance hereby consents to the making of the foregoing Regulation.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations provide for amendments to the Carer's Allowance scheme as follows:

—  Relaxation of the “full-time care and attention” condition to provide that a carer may work for up to 10 hours per week

—  Specifies the conditions to be satisfied by a non-resident carer

—  Introduces a £75 weekly income disregard applicable to a single carer's income.

—  Provides that the £150 weekly income disregard which currently applies in respect of a spouse's income shall be applicable to a couple's joint income.

These Regulations take effect from 5th August, 1999.