S.I. No. 231/2005 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Respite Care Grant) Regulations 2005
SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (No. 3) (RESPITE CARE GRANT) REGULATIONS 2005 | |||||||||
SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (No. 3) (RESPITE CARE GRANT) REGULATIONS 2005 | |||||||||
The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 4 (as amended by section 12(2) of the Social Welfare (Miscellaneous Provisions) Act 2002 (No. 8 of 2002)), 196A(1)(d) and (e), 196A(3), 196B(3), (4) and (5) and 196C(1) (all inserted by section 7 of the Social Welfare and Pensions Act 2005 ) of the Social Welfare (Consolidation) Act 1993 (No. 27 of 1993), hereby makes the following regulations: | |||||||||
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Citation and construction. | 1. (1) These regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Respite Care Grant) Regulations 2005. | ||||||||
(2) These regulations and the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2005 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2005. | |||||||||
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Commencement. | 2. These regulations shall come into operation on 3 May 2005. | ||||||||
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Definitions. | 3. In these regulations, “the Principal Regulations” means the Social Welfare (Consolidated Payments Provisions) Regulations 1994 ( S.I. No. 417 of 1994 ). | ||||||||
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Respite Care Grant. | 4. The Principal Regulations are amended by the insertion after Part IV, of the following Part: | ||||||||
“ PART IVA | |||||||||
Respite Care Grant | |||||||||
Interpretation. | |||||||||
93A. In this Part - | |||||||||
‘carer’ has the meaning assigned to it by section 196A(1); | |||||||||
‘institution’ has the meaning assigned to it by section 196A(1); and | |||||||||
‘relevant person’ has the meaning assigned to it by section 196A(1). | |||||||||
Date respite care grant payable. | |||||||||
93B. The respite care grant (referred to in this Part as ‘the grant’) shall be payable on the first Thursday in June of each year. | |||||||||
Entitlement to grant by certain classes of carer. | |||||||||
93C. Notwithstanding any other articles of these regulations, any person, who is a carer by virtue of paragraphs (a), (b) or (c) of section 196A(1), on the date on which the grant is payable, shall be deemed to have satisfied all the conditions for entitlement to the grant. | |||||||||
Period for which full-time care and attention to be given. | |||||||||
93D. (1) For the purposes of paragraphs (d) and (e) of section 196A(1), on the date on which the grant is payable, the carer shall have provided full-time care and attention, be likely to provide full-time care and attention, or a combination of both to the relevant person for a continuous period of not less than 183 days, such period to include the date on which the grant is payable. | |||||||||
Carer - residence in institution. | |||||||||
93E. Subject to article 93F(a), the carer shall not be resident in an institution. | |||||||||
Certain circumstances in which carer may continue to be regarded as providing full-time care and attention. | |||||||||
93F. A carer may, for the purposes of Part IVA of the Principal Act, continue to be regarded as providing full-time care and attention to a relevant person where: | |||||||||
(a) the carer is undergoing medical or other treatment of a temporary nature in an institution for a period or periods amounting to not more than 13 weeks; | |||||||||
(b) the relevant person is - | |||||||||
(i) undergoing medical or other treatment of a temporary nature in an institution, or | |||||||||
(ii) temporarily being cared for by, or temporarily residing with, another person, | |||||||||
for a period or periods amounting to not more than 13 weeks; | |||||||||
or | |||||||||
(c) the relevant person is attending - | |||||||||
(i) a non-residential course of rehabilitation training provided by an organisation (being an organisation recognised by the Minister for Health and Children for the purposes of the provision of such training), or | |||||||||
(ii) a non-residential place of day care approved by the Minister for Health and Children. | |||||||||
Conditions to be satisfied by non-resident carer. | |||||||||
93G. (1) Subject to sub-article (2) the conditions prescribed for the purposes of paragraph (e) of the definition of “carer” contained in section 196A(1) are that - | |||||||||
(a) a direct system of communication exists between the carer's residence and that of the relevant person, and | |||||||||
(b) the relevant person is not receiving full-time care and attention within his or her own residence from a person other than the claimant. | |||||||||
(2) For the purposes of paragraph (a) of sub-article (1) a system of communication shall include a telephone or alarm system. | |||||||||
Conditions and circumstances under which a carer may engage in employment or self-employment. | |||||||||
93H. (1) Where it is shown to the satisfaction of a deciding officer or an appeals officer that adequate provision has been made for the care of the relevant person, and subject to sub-article (2), a carer may engage in employment self-employment, or both, outside the home. | |||||||||
(2) The aggregate hours of employment, self-employment or both shall not exceed 10 hours in any week. | |||||||||
Prescribed manner for certification of incapacity. | |||||||||
93I. The prescribed manner for certification by a medical practitioner of the nature and extent of a relevant person's incapacity shall be in the form for the time being approved by the Minister. | |||||||||
Medical examination and disqualification. | |||||||||
93J. (1) An officer of the Minister may, on giving not less than 3 days notice in writing, require a relevant person to submit himself or herself to medical or other examination at such time and place as may be specified in the notice. | |||||||||
(2) Notice of the time and place of the examination referred to in sub-article (1) shall also be sent to the registered medical practitioner in attendance on the person required to submit himself or herself to such examination. | |||||||||
(3) A carer shall be disqualified for receiving the grant if and for so long as the person in respect of whose full-time care and attention the grant is payable, fails without good cause to attend for or submit to the medical examination in accordance with this article.”. | |||||||||
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Mandatory medical examination - expenses. | 5. The Principal Regulations are amended by the substitution for article 9 (as substituted by article 5 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Carers Regulations 2000 ( S.I. No. 340 of 2000 )), of the following article: | ||||||||
“9. The Minister shall pay such reasonable and necessary travelling and other expenses, as he or she may determine which are incurred by a person who is required to attend for medical or other examination under - | |||||||||
(a) article 15 (2), | |||||||||
(b) article 24 (1), | |||||||||
(c) article 35G (1), | |||||||||
(d) article 85D (1), | |||||||||
(e) article 93J (1), or | |||||||||
(f) the Rules of Behaviour set out in Schedule F.”. | |||||||||
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Application to be regarded as homemaker - exemption. | 6. The Principal Regulations are amended by the substitution for article 100A (substituted by article 5 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Carers Regulations 2000 ( S.I. No. 340 of 2000 )) of the following article: | ||||||||
“100A. Other than in the case of a person who is entitled to or in receipt of carer's benefit under Part II, carer's allowance under Part III, child benefit under Part IV or respite care grant under Part IVA, of the Principal Act, an application to be regarded as a homemaker for the purposes of section 83(2 shall be made in the form for the time being approved by the Minister.”. | |||||||||
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Prescribed time for making a claim. | 7. The Principal Regulations are amended at article 102 (as amended by article 5 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Carers) Regulations 2000 ( S.I. No. 340 of 2000 )), by the substitution of the following paragraphs for paragraphs (g) and (h): | ||||||||
“(g) in the case of continued payment for qualified children the period of 13 weeks from the date of commencement of the employment specified in section 203A(1)(c)(inserted by section 7 of the Social Welfare Act 1996 ), | |||||||||
(h) in the case of carer's benefit, the period commencing eight weeks before and ending eight weeks after the day on which apart from satisfying the condition of making a claim, the claimant becomes entitled thereto, and | |||||||||
(i) in the case of the respite care grant, the period commencing eight weeks before the date on which the grant is payable under article 93B and ending on the 31st day of December of the year immediately following the year in which the grant is payable.”. | |||||||||
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Revocations. | 8. The Principal Regulations are amended by the deletion of article 35F (inserted by article 4 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Carers Regulations 2000 ( S.I. No. 340 of 2000 )) and article 85A (inserted by article 2 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Respite Care Grant Regulations 1999 ( S.I. No. 161 of 1999 )). | ||||||||
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The Minister for Finance hereby consents to the making of the foregoing regulations: | |||||||||
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EXPLANATORY NOTE | |||||||||
(This Note is not part of the Instrument and does not purport to be a legal interpretation.) | |||||||||
These regulations are made on foot of the new Respite Care Grant arrangements provided for by the Social Welfare and Pensions Act 2005 . | |||||||||
For the purposes of the Respite Care Grant, these regulations provide for the following: | |||||||||
- the date on which the Grant is payable; | |||||||||
- the period for which the carer must provide full-time care and attention to the care recipient; | |||||||||
- certain circumstances in which a carer is to be regarded as continuing to provide full-time care and attention; | |||||||||
- the conditions to be satisfied by a non-resident carer; | |||||||||
- the conditions under which a carer may engage in employment or self-employment while continuing to be regarded as providing full-time care and attention; | |||||||||
- the manner of certification by a medical practitioner of the incapacity of the person receiving the care which shall be in such form as the Minister approves; | |||||||||
- the medical examination of the care recipient, and for disqualification in cases where there is failure to co-operate with this requirement; | |||||||||
- the time period within which claims for the Grant may be made; and | |||||||||
- certain other ancillary matters. |
