Social Welfare and Pensions Act 2008

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Domiciliary care allowance — consequential amendments.

16.— The Principal Act is amended —

(a) in section 139(1) by inserting the following after paragraph (h):

“(ha) domiciliary care allowance.”,

(b) in section 224(1)(a) by inserting “, domiciliary care allowance” after “carer’s allowance”,

(c) in section 225(2) by deleting paragraph (d),

(d) in section 241 by inserting the following after subsection (4):

“(4A) A person who fails to make a claim for domiciliary care allowance within the prescribed time is disqualified for payment in respect of any day before the date on which the claim is made unless a deciding officer or appeals officer is satisfied that there was good cause for delay in making the claim, in which case, domiciliary care allowance is payable from the specified day (being the day specified in regulations made for the purposes of section 242(1)(a) as the day in each month for the payment of domiciliary care allowance) in the month following that in which the claimant became a qualified person within the meaning of section 186D(1).”,

(e) in section 244(1)(c)(iii)—

(i) by inserting “domiciliary care allowance,” before “child benefit,”, and

(ii) by substituting “the pension, allowance, benefit or supplement” for all the words from and including “the pension” to and including “or supplement”,

(f) in section 246(3) by inserting “186D(3),” before “192,”,

(g) in section 247—

(i) in subsection (1)(b) by inserting “, domiciliary care allowance” after “186A”,

(ii) in subsection (2)(b) by inserting “, domiciliary care allowance” after “186A”,

(h) in section 249 by inserting the following subsection at the end of the section:

“(17) A person is disqualified for receipt of domiciliary care allowance—

(a) while the person is undergoing a period of imprisonment or detention in legal custody, and

(b) except where regulations otherwise provide, while the person is resident, whether temporarily or permanently, outside the State.”,

and

(i) in Schedule 4 by inserting the following after Part 4 (inserted by section 3 (1) of this Act):

“PART 5

Section 186F.

Amount of Domiciliary Care Allowance

The monthly amount of domiciliary care allowance, per child, is €299.60.”.