S.I. No. 106/2000 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Carers) Regulations, 2000.

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 4 and 32 (3) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), hereby makes the following Regulations:

Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Carers) Regulations, 2000.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2000. shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2000.

Commencement.

2. These Regulations shall come into operation on the 3rd day of April, 2000.

Disability benefit

3. Article 19 of the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 ) is amended by -

(a) the substitution in paragraph (c) for “pension.” of “pension, or”, and

(b) the insertion after paragraph (c) of the following paragraph:

“(d) was, immediately before claiming disability benefit

(i) in receipt of carer's allowance,

(ii) a prescribed relative within the meaning of section 163 and in respect of whom an allowance is payable,

(iii) providing full-time care to a person who is in receipt of an increase of disablement pension under section 57 in respect of the need for constant attendance.”

	GIVEN under the Official Seal of the Minister for Social, Community and Family Affairs, this 23rd day of March, 2000.
	DERMOT AHERN
	Minister for Social, Community and Family Affairs.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

	GIVEN under the Official Seal of the Minister for Finance this 28th day of March, 2000.
	CHARLIE MCCREEVY
	Minister for Finance.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The qualifying conditions for receipt of Disability Benefit currently require that the applicant have paid 13 PRSI contributions at the appropriate rate either during the governing contribution year, either of the two previous tax years or the most recent complete contribution year.

People who were in receipt of Unemployment Assistance, Pre-Retirement Allowance or Invalidity Pension immediately prior to claiming Disability Benefit are exempt from this requirement. These Regulations provide for the extension of that exemption to people who were in receipt of Carer's Allowance and people providing full-time care and attention in respect of which Constant Attendance Allowance or Prescribed Relative's Allowance was payable.