S.I. No. 653/2024 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 18) (Carer’s Benefit and Carer’s Allowance - Earnings Disregard) Regulations 2024

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th November, 2024.

I, HEATHER HUMPHREYS, Minister for Social Protection, in exercise of the powers conferred on me by sections 4 (amended by section 14 and reference 1 of the Schedule to the Social Welfare (Miscellaneous Provisions) Act 2024 (No. 24 of 2024)), 99 (3), 224 (3) and by Rules 1(5) and 4(3) of Part 5 of Schedule 3 to the Social Welfare Consolidation Act 2005 (No. 26 of 2005), with the consent of the Minister of Public Expenditure, National Development Plan Delivery and Reform, hereby make the following Regulations:

Citation and construction

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 18) (Carer’s Benefit and Carer’s Allowance - Earnings Disregard) Regulations 2024.

(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2024 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2024.

Definitions

2. In these Regulations—

“Principal Regulations” means the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007;

“Regulations of 2024” means the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Carer’s Benefit and Carer’s Allowance - Earnings Disregard) Regulations 2024 ( S.I. No. 275 of 2024 ).

Commencement

3. These Regulations come into operation on 3 July 2025.

Earnings disregard

4. The Principal Regulations are amended—

(a) in article 57 (amended by article 4(a) of the Regulations of 2024) —

(i) in sub-article (3), by the substitution of “€625.00” for “€450.00”, and

(ii) in sub-article (4), by the substitution of “€625.00” for “€450.00”,

(b) in article 144 (amended by article 4(b) of the Regulations of 2024) —

(i) in paragraph (a), by the substitution of “€625.00” for “€450.00”, and

(ii) in paragraph (b), by the substitution of “€1250.00” for “€900.00”,

and

(c) in article 167 (amended by the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Circumstances in which Carer is to be regarded as providing full time care and attention) Regulations 2023 ( S.I. No. 324 of 2023 )) of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 –

(i) in paragraph (a) by the substitution of “13 weeks, or” for “13 weeks,”,

and

(ii) by the substitution of the following paragraphs for paragraphs (b) and (c):

“(b) subject to article 167A, the relevant person is, for a period or periods amounting to not more than 13 weeks–

(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, 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 or the Minister for Children, Equality, Disability, Integration, and Youth for the purposes of the provision of such training), or

(ii) a non- residential place of day care approved by the Minister for Health or the Minister for Children, Equality, Disability, Integration and Youth.”.

The Minister for Public Expenditure, National Development Plan Delivery and Reform consents to the making of foregoing Regulations.

GIVEN under my Official Seal,

20 November, 2024.

PASCHAL DONOHOE,

Minister for Public Expenditure, National Development Plan Delivery and Reform.

GIVEN under my Official Seal,

20 November, 2024.

HEATHER HUMPHREYS,

Minister for Social Protection.

EXPLANATORY NOTE

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

These Regulations provide for increases in the earnings disregard which apply to Carer’s Benefit and Carer’s Allowance, which form part of the Budget measures announced on 1 October 2024.

In the case of Carer’s Benefit, the weekly earnings limit is being increased from €450.00 to €625.00 per week with effect from 3 July 2025.

In the case of Carer’s Allowance, the weekly means disregard is being increased from €450.00 to €625.00 for a single person and from €900.00 to €1250.00 for a couple. The increases in the disregard will take effect from 3 July 2025.

These Regulations also correct a misalignment in the current text of article 167 which relates to eligibility for the Carer’s Support Grant in circumstances where the person being cared for is undergoing medical or other treatment of a temporary nature in an institution. The effect of the revised alignment is to provide clarity that the 13-week period applies to both of subparagraphs (i) and (ii) of Article 167(b) and confirms, in line with article 56(a) as respects Carer’s Benefit, and article 136(1)(a) as respects Carer’s allowance, that a carer continues to qualify for receipt of the Carer’s Support Grant for any period or periods not exceeding 13 weeks in a year where the person being cared for undergoes medical or other treatment of a temporary nature in an institution, or is temporarily being cared for, or temporarily residing with another person. Finally, the Regulations also update the titles of the relevant Departments concerned.