Social Welfare Act, 2000

PART III

Carer's Benefit

Carer's benefit

10.—Part II of the Principal Act is amended by the insertion after Chapter 11 of the following Chapter:

“Chapter 11A

Carer's Benefit

Interpretation

82A.—(1) Subject to this Act, in this Chapter—

‘carer’ means a person who has attained the age of 16 years and is under pensionable age 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 (other than a person in receipt of an increase of disablement pension under section 57 in respect of constant attendance) who has such a disability that he or she requires full-time care and attention, and who—

(a) has attained the age of 16 years, or

(b) is under the age of 16 years and is a person in respect of whom an allowance is paid for domiciliary care of handicapped children under section 61 of the Health Act, 1970 .

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

(a) he or she has such a disability 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 his or her disability 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.

Entitlement to benefit

82B—(1) Subject to this Act, a benefit (in this Act referred to as ‘carer's benefit’) shall be payable to a career if he or she—

(a) was engaged in remunerative full-time employment as an employed contributor for the three-month period immediately prior to the first day in respect of which a claim to carer's benefit is made,

(b) does not engage in employment or self-employment, and

(c) satisfies the contribution conditions in section 82C.

(2) Subsection (1)(a) shall not apply in respect of a claimant who was in receipt of carer's benefit within the period of three months immediately prior to the first day in respect of which a claim to carer's benefit is made.

(3) Notwithstanding subsection (1)(b), the Minister may make regulations to provide that a carer may engage in employment or self-employment subject to such limitations in relation to hours or remuneration as may be prescribed and subject to such conditions and in such circumstances as may be prescribed.

(4) Subsection (1)(c) shall not apply in the case of a claimant who was previously in receipt of carer's benefit.

(5) In this section ‘remunerative full-time employment’ means employment for an aggregate of not less than 38 hours in each period of a fortnight within the three-month period referred to in subsection (1)(a).

Conditions for receipt.

82C.—(1) The contribution conditions for carer's benefit are that the carer has qualifying contributions in respect of not less than 156 contribution weeks in the period between his or her entry into insurance and the first day for which the benefit is claimed, and qualifying contributions in respect of not less than—

(a) 39 contribution weeks in the last complete contribution year before the beginning of the benefit year which includes the first day for which the benefit is claimed, or

(b) 39 contribution weeks in the 12 months immediately prior to the first day for which the benefit is claimed, or

(c) 26 weeks in each of the last two complete contribution years before the beginning of the benefit year which includes the first day for which the benefit is claimed.

(2) Regulations may provide for modification of the contribution conditions set out in subsection (1).

Rate of benefit.

82D.—(1) Subject to this Act, the rate (in this Chapter referred to as the ‘scheduled rate’) of carer's benefit shall be—

(a) in the case of a person who is a carer of more than one relevant person the weekly rate set out in column (2) at reference 7(b) in Part I of the Second Schedule, and

(b) in any other case, the weekly rate set out in column (1) at reference 7(a) in Part I of the Second Schedule,

increased by the appropriate amount set out in column (4) of that Part opposite that reference in respect of each qualified child who normally resides with the beneficiary.

(2) Any increase in carer's benefit payable under subsection (1) in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouse of the claimant or beneficiary shall be payable at the rate of one-half of the appropriate amount and subsection (1) shall be construed and have effect accordingly.

Duration of payment.

82E.—A carer who has been in receipt of carer's benefit for 65 weeks, whether consecutive or not, in respect of the full-time care and attention being provided to a relevant person, shall not thereafter be entitled to such benefit in respect of the full-time care and attention being provided to the same relevant person.

Respite care grant.

82F.—(1) Subject to subsection (2), a grant (in this section referred to as a ‘respite care grant’) of £300, or such higher amount as may be prescribed, shall be paid to a carer in respect of the cost of respite care.

(2) A grant in accordance with subsection (1) shall be payable each year to a carer who, on such date each year as may be prescribed, is entitled to or in receipt of carer's benefit.

Medical examination.

82G.—(1) A relevant person, in respect of whose full-time care and attention a carer is entitled to or in receipt of carer's benefit, shall attend for or submit to such medical or other examination as may be required in accordance with regulations.

(2) Regulations under subsection (1) may also provide for disqualifying a person for receiving carer's benefit if the relevant person, in respect of whose full-time care and attention the benefit is payable, fails without good cause to attend for or submit to such medical or other examination as may be required in accordance with those regulations.

Payment of benefit.

82H.—Notwithstanding this Chapter—

(a) only one carer's benefit shall be payable to a carer, and only one carer's benefit shall be payable in respect of the full-time care and attention being provided to a relevant person,

(b) 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 a carer's allowance under Part III is being paid to any person in respect of the full-time care and attention being provided to the same relevant person, and

(c) a prescribed relative allowance under Chapter 10 of Part III shall cease to be payable to a relevant person or prescribed relative, as the case may be, where the prescribed relative or any other person becomes entitled to and receives a carer's benefit in respect of the full-time care and attention being provided to that relevant person.

Disqualification.

82I.—A person who, having been in receipt of carer's benefit for a period of less than 6 weeks in respect of the full-time care and attention being provided to a relevant person, ceases to be entitled to such benefit, shall be disqualified for receipt of carer's benefit in respect of the full-time care and attention being provided to the same relevant person for a period of 6 weeks from the last day for which he or she was entitled to the benefit.

Regulations.

82J.— Regulations may provide for requiring an employer or any other person to furnish such information as may be required for the purpose of determining a claim to carer's benefit.”.