Social Welfare Act, 1995

Carer's allowance (eligibility conditions and calculation of means).

12.—(1) Section 163 (1) (as amended by section 13 (2) of the Act of 1994) of the Principal Act is hereby amended by the substitution for the definition of “relevant pensioner” of the following definition:

“‘relevant pensioner’ means a person (other than a person in receipt of an increase of disablement pension under section 57 in respect of constant attendance) who is so incapacitated as to require full-time care and attention, and who—

(a) has attained pensionable age, or

(b) is in receipt of—

(i) invalidity pension, or a payment corresponding to invalidity pension from a Member State (other than the State), or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 238,

(ii) blind pension, or

(iii) disabled person's maintenance allowance, or

(c) is in receipt of retirement pension, or who has attained the age of 65 years and is in receipt of a payment corresponding to retirement pension from a Member State (other than the 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 invalidity pension from a Member State (other than the State) or under such a reciprocal arrangement;”.

(2) Rule 4 of Part II of the Third Schedule to the Principal Act is hereby amended by the substitution for paragraph (1A) (inserted by section 16 of the Act of 1994) of the following paragraph:

“(1A) In the case of carer's allowance, in calculating the means of the other member of the couple for the purposes of paragraph (1), such amount as may be prescribed shall be disregarded.”.

(3) This section shall come into operation on the 15th day of June, 1995.