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PART VI
Miscellaneous Provisions
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Carer's allowance — miscellaneous provisions.
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28.—(1) Chapter 10 of Part III of the Principal Act is amended by—
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(a) the substitution in section 163(1) in the definition of “relevant person” (inserted by section 10(a) of the Act of 1999) for “who is so incapacitated as to require” of “who has such a disability that he or she requires”,
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(b) the substitution for section 163(3) (as amended by section 13 of the Act of 1999) of the following subsection:
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“(3) For the purposes of subsection (1), a relevant person shall be regarded as requiring full-time care and attention where—
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(a) he or she has such a disability that he or she requires from another person—
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(i) continual supervision and frequent assistance throughout the day in connection with normal bodily functions, or
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(ii) continual supervision in order to avoid danger to himself or herself,
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(b) he or she has such a disability that he or she is likely to require full-time care and attention for a period of at least 12 consecutive months, and
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(c) the nature and extent of his or her disability has been certified in the prescribed manner by a medical practitioner.”,
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and
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(c) the substitution for section 166 (as amended by section 13 of the Act of 1999) of the following section:
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“166.—Notwithstanding this Chapter—
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(a) only one carer's allowance shall be payable to a carer, and only one carer's allowance shall be payable in respect of the full-time care and attention being provided to a relevant person, and
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(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 II is being paid to any person in respect of the full-time care and attention being provided to the same relevant person.”.
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(2) This section comes into operation on such day as the Minister may appoint by order.
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