Social Welfare and Pensions Act 2008

Domiciliary care allowance — commencement and transitional.

17.— (1) In this section—

“ Chapter 8A ” means Chapter 8A (inserted by section 15 of this Act) of Part 3 of the Principal Act;

“ Health Act allowance ” means an allowance for the domiciliary care of children under section 61 of the Health Act 1970 .

(2) Notwithstanding anything to the contrary in Chapter 8A but subject to subsection (3), where immediately before the commencement of this section, a person is in receipt of Health Act allowance, a domiciliary care allowance is payable to that person under Chapter 8A on and from that commencement at a rate not less than the rate of Health Act allowance payable to that person immediately before that commencement.

(3) Subsection (2) ceases to apply upon the occurrence, on or after the date of commencement of this section, of a change in the circumstances of that person or of the child in respect of whom the allowance is payable such as to affect the person’s entitlement under Chapter 8A.

(4) Any determination by an employee of the Executive in relation to the award to a person of Health Act allowance made before the commencement of this section has effect, on and from that commencement, as a decision by a deciding officer to award domiciliary care allowance to that person under Chapter 8A.

(5) Where, immediately before the commencement of this subsection, an application made by a person for Health Act allowance has not been finally determined, that application shall be deemed to be an application for domiciliary care allowance under Chapter 8A.