Social Welfare Act, 2001

Carer's benefit — improvement.

26.—(1) The Principal Act is amended—

(a) by the substitution in section 82A (inserted by section 10 of the Act of 2000) for subsection (1) of the following subsection:

“(1) Subject to this Act, in this Chapter—

‘carer’ means a person who has attained the age of 16 years and who—

(a) resides with and provides full-time care and attention to a relevant person, or

(b) subject to such conditions and in such circumstances as may be prescribed, does not reside with but provides full-time care and attention to a relevant person;

‘relevant person’ means a person who has such a disability that he or she requires full-time care and attention.”,

(b) in section 82B (inserted by section 10 of the Act of 2000) by—

(i) the substitution in subsection (5) for “subsection (1)(a)” of “subsection (1)(a) or regulations under subsection (6)”, and

(ii) the insertion after subsection (5) of the following subsection:

“(6) Regulations may provide that, subject to such conditions and in such circumstances as may be prescribed, in the case of a person who is absent from his or her employment within the three-month period referred to in subsection (1)(a), by reason of being on such leave from that employment as may be prescribed, the condition specified in subsection (1)(a) shall be regarded as being satisfied in respect of that person if he or she was engaged in remunerative full-time employment as an employed contributor for such period of three months (other than the three-month period referred to in that subsection) as may be prescribed (and the period that may be so prescribed may comprise two or more periods which, taken together, amount to a period of three months).”,

and

(c) by the insertion in section 82H (inserted by section 10 of the Act of 2000) after paragraph (a) of the following paragraph:

“(aa) carer's benefit shall not be payable in respect of the full-time care and attention being provided to a relevant person in any case where the relevant person is in receipt of an increase of disablement pension under section 57 in respect of constant attendance,”.

(2) This section comes into operation on such day as the Minister may appoint by order.