Social Welfare Consolidation Act 2005
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Chapter 8 Carer's Allowance | ||
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Interpretation. [1993 s163(1)] |
179.—(1) Subject to this Act, in this Chapter— | |
“carer” means— | ||
(a) a person who resides with and provides full-time care and attention to a relevant person, or | ||
| [1999 s10(b)] |
(b) a person who, subject to the conditions and in the circumstances that may be prescribed, does not reside with but who provides full-time care and attention to a relevant person. | |
“prescribed relative” means a prescribed relative within the meaning of the Social Welfare (Prescribed Relative Allowance) Regulations 1989 ( S.I. No. 361 of 1989 ); | ||
“prescribed relative allowance” means an increase for a prescribed relative under section 50 (11), 51 (2)(a), 81 (3), 86 (3), 91 (3), 95 (2), 103 (2), 162 (1)(a) or 179 (a) of the Social Welfare (Consolidation) Act 1981 or under regulations applying section 179(a) of that Act; | ||
“relevant person” means a person (other than a person in receipt of an increase of disablement pension under section 78 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 | ||
| [1999 s10(a); 2005 (SW&P) s26 & Sch 4] |
(b) is under the age of 16 years and is a person in respect of whom an allowance is paid for domiciliary care of children under section 61 of the Health Act 1970 ; | |
| [2000 s17 & Sch E; 2005 (SW&P) s25 & Sch 3] |
“weekly means” means, subject to Rule 1(1) of Part 3 of Schedule 3, the yearly means divided by 52. | |
| [1997 s23(1); 1999 s13 & Sch C] |
(2) 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. | |
| [1993 s163(2); 2005 (SW&P) s25 & Sch 3] |
(3) For the purposes of this Chapter, means shall be calculated in accordance with the Rules contained in Part 3 of Schedule 3 . | |
| [1993 s163(3); 2000 s28(1)(b)] |
(4) For the purposes of subsection (1), a relevant person shall be regarded as requiring full-time care and attention where— | |
(a) the person 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, | ||
(b) the person has such a disability that he or she is likely to require full-time care and attention for at least 12 consecutive months, and | ||
(c) the nature and extent of the person's disability has been certified in the prescribed manner by a medical practitioner. |