Social Welfare (Miscellaneous Provisions) Act 2015

Entitlement to carer’s benefit, carer’s allowance and respite care grant

4. (1) The Principal Act is amended—

(a) in section 99 (amended by section 10(a) of the Act of 2008), by the substitution of the following subsection for subsection (2):

“(2) For the purposes of the definition of ‘relevant person’ in this Chapter, a person shall not be regarded as requiring full-time care and attention unless the person has such a disability that he or she requires from another person—

(a) continual supervision and frequent assistance throughout the day in connection with normal bodily functions, or

(b) continual supervision in order to avoid danger to himself or herself.”,

(b) in section 179 (amended by section 10(b) of the Act of 2008), by the substitution of the following subsection for subsection (4):

“(4) For the purposes of the definition of ‘relevant person’ in this Chapter, a person shall not be regarded as requiring full-time care and attention unless the person has such a disability that he or she—

(a) 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) is likely to require such full-time care and attention for at least 12 consecutive months.”,

and

(c) in section 224 (amended by section 10(c) of the Act of 2008), by the substitution of the following subsection for subsection (2):

“(2) For the purposes of the definition of ‘relevant person’ in this Part, a person shall not be regarded as requiring full-time care and attention unless the person is so incapacitated that he or she requires from another person—

(a) continual supervision and frequent assistance throughout the day in connection with normal bodily functions, or

(b) continual supervision in order to avoid danger to himself or herself.”.

(2) In this section “Act of 2008” means the Social Welfare (Miscellaneous Provisions) Act 2008 .