Social Welfare (Consolidation) Act, 1993

CHAPTER 10

Carer's Allowance

Interpretation.

[1990, s. 17; 1992, s. 36]

163.—(1) Subject to this Act, in this Chapter—

“carer” means a person who resides with and provides full-time care and attention to a relevant pensioner;

“prescribed relative” means a prescribed relative within the meaning of the Social Welfare (Prescribed Relative Allowance) Regulations, 1989 ( S.I. No. 361 of 1989 );

“prescribed relative allowance” means an increase for a prescribed relative under section 50 (11), 51 (2)(a), 81 (3), 86 (3), 91 (3), 95 (2), 103 (2), 162 (1)(a) or 179 (a) of the Social Welfare (Consolidation) Act, 1981 or under regulations applying the provisions of section 179(a) of that Act;

“relevant pensioner” means a person (other than a person in receipt of a payment in respect of need for constant attendance under section 57) who is so incapacitated as to require full-time care and attention, and who—

(a) is in receipt of—

(i) old age (contributory) pension,

(ii) invalidity pension,

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

(iv) blind pension,

(v) disabled person's maintenance allowance, or

(vi) a payment corresponding to a pension referred to in subparagraph (i) to a person who has attained pensionable age, or in subparagraph (ii) from another Member State, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 238, or

(b) is in receipt of a retirement pension or who has attained the age of 65 years and is in receipt of a payment corresponding to a retirement pension from another Member State, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 238, where such person was, immediately prior to the receipt of such pension, in receipt of invalidity pension or a payment corresponding to an invalidity pension from another Member State or under such a reciprocal arrangement, or

(c) 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, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 238;

“weekly means” means the yearly means divided by 52.

[1990, s. 17]

(2) For the purposes of this Chapter, means shall be calculated in accordance with the Rules contained in Part II of the Third Schedule .

[1991, s. 8(1)(b)]

(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.