Social Welfare Consolidation Act 2005

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PART 5

Respite Care Grant

Interpretation.

[2005 (SW&P) s7(1)]

224.—(1) In this Part—

“carer” means a person ordinarily resident in the State who has attained the age of 16 years and—

(a) is in receipt of or entitled to carer’s benefit or carer’s allowance, or

(b) is a prescribed relative within the meaning of section 179 in respect of whom an allowance is payable under section 183 , or

(c) is providing full-time care and attention to a person who is in receipt of an increase of disablement pension under section 78 in respect of the need for constant attendance, or

(d) resides with and has provided, is providing or is likely to provide full-time care and attention for such periods and on such date as may be prescribed to a relevant person, or

(e) subject to the conditions and in the circumstances that may be prescribed, does not reside with but has provided, is providing or is likely to provide full-time care and attention for such periods and on such date as may be prescribed to a relevant person;

“institution” means a hospital, convalescent home or home for people suffering from physical or mental disability or ancillary accommodation, nursing home for the care and maintenance of dependent elderly people or any other similar establishment providing residence, maintenance or care;

“relevant person” means a person who is ordinarily resident in the State and is so incapacitated that he or she requires full-time care and attention within the meaning of subsection (2).

(2) For the purposes of subsection (1), a relevant person shall be regarded as requiring full-time care and attention where—

(a) the person is so incapacitated that he or she requires from another person—

(i) continual supervision and frequent assistance throughout the day in connection with normal bodily functions, or

(ii) continual supervision in order to avoid danger to himself or herself,

and

(b) the nature and extent of the person’s incapacity has been certified in the prescribed manner by a medical practitioner.

(3) The Minister may make regulations specifying the circumstances and conditions under which a person is to be regarded as providing full-time care and attention to a relevant person.