Social Welfare (Consolidated Claims Payments and Control) (Domiciliary Care Allowance) (Amendment) (No. 3) Regulations, 2009

• Jurisdiction: Ireland
• Citation: IR SI 162/2009
• Year: 2009

S.I. No. 162 of 2009

SOCIAL WELFARE (CONSOLIDATED CLAIMS, PAYMENTS AND CONTROL) (DOMICILIARY CARE ALLOWANCE) (AMENDMENT) (No. 3) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th May, 2009.

The Minister for Social and Family Affairs in exercise of the powers conferred on her by sections 4 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 , (No. 5 of 2006)), 186C (as amended by section 19 of the Social Welfare (Miscellaneous Provisions Act 2008 (No. 22 of 2008)), 186D, 186E, 186F, 186G (all inserted by section 15 of the Social Welfare and Pensions Act 2008 (No. 2 of 2008)), 241 (as amended by section 16 of the Social Welfare and Pensions Act 2008 ), 242 (as amended by section 29 of the Social Welfare and Pensions Act 2007 (No. 8 of 2007)) 243, 244 (as amended by sections 10 of the Social Welfare (Miscellaneous Provisions) Act 2008 ), and 249 (as amended by section 16 of the Social Welfare and Pensions Act 2008 ) of the Social Welfare (Consolidation) Act 2005 (No. 26 of 2005) hereby makes the following Regulations:

Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control) (Domiciliary Care Allowance) (Amendment) (No. 3) Regulations 2009.

(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 ) shall be construed together as one and may be cited as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2009.

Definitions.

2. In these Regulations—

“Principal Regulations” means the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 );

“Regulations of 2008” means the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Prescribed Time) Regulations 2008 ( S.I. No. 243 of 2008 );

“Regulations of 2009” means the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Early Childcare Supplement) Regulations 2009 ( S.I. No. 54 of 2009 ).

Domiciliary care allowance.

3. The Principal Regulations are amended by the insertion after Chapter 5 and before Chapter 6 in Part 3 of the following Chapter:

“Chapter 5A Domiciliary Care Allowance

Interpretation

140A. In this Chapter—

‘institution’, ‘qualified child’ and ‘qualified person’ have the meanings assigned to them in section 186B of the Principal Act.

Prescribed manner for certification of disability and duration of full-time care and attention

140B. The prescribed manner of certification by a registered medical practitioner of—

(a) the nature and extent of the qualified child’s disability, and

(b) the likely duration of full-time care and attention required,

shall be in the form for the time being approved by the Minister.

Normal residence of qualified child

140C. (1) Subject to sub-article (2) the person with whom a qualified child normally resides shall be determined in accordance with Article 13 of the Principal Regulations.

(2) Except as provided for in Article 140D a qualified child who resides with a person for less than 5 days in any one week shall not be regarded as normally residing with that person for the purposes of domiciliary care allowance.

Payment in respect of temporary part-time residence in an institution

140D. (1) Notwithstanding article 140C for the purposes of section 186E(1), domiciliary care allowance shall be payable in respect of a qualified child who is temporarily resident with a qualified person for not less than 2 days and not more than 4 days in any one week in which the child would otherwise be regarded as residing in an institution.

(2) In the case a qualified child to whom sub-article (1) applies, the monthly amount of domiciliary care allowance payable shall be 50 per cent of the amount set out in Part 5 of Schedule 4 to the Principal Act.

(3) The amount payable in accordance with sub-article (1) shall be rounded up to the...