Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No.6) (Carer’s Allowance) Regulations 2021

• Jurisdiction: Ireland
• Citation: IR SI 76/2021

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th February, 2021.

I, HEATHER HUMPHREYS, Minister for Social Protection, in exercise of the powers conferred on me by sections 4 (as adapted by the Employment Affairs and Social Protection (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 447 of 2020 )), 179(2) and 186A(6) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), 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. 6) (Carer’s Allowance) Regulations 2021.

(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2021 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2021.

Circumstances in which carer is to be regarded as providing full-time care and attention

2. The Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 ) are amended –

(a) in article 132 –

(i) by the substitution of “136(1)(d) ” for “136(c)”, and

(ii) by the deletion of “outside his or her home”,

and

(b) by the substitution of the following articles for article 136:

“Circumstances in which carer is to be regarded as providing full-time care and attention.

136. (1) For the purposes of Chapter 8 of Part 3 of the Principal Act and this Chapter, a carer may –

(a) continue to be regarded as providing full-time care and attention to a relevant person where he or she would qualify for payment of an allowance but for the fact that either the carer or the relevant person is undergoing medical or other treatment of a temporary nature in an institution for a period not longer than 13 weeks,

(b) continue to be regarded as providing full-time care and attention to a relevant person where –

(i) subject to subparagraph (ii), he or she would qualify for payment of an allowance but for the fact that the relevant person has been permanently admitted to an institution, and

(ii) the maximum period for payment of the allowance, under subparagraph (i), does not exceed 12 weeks,

(c) be regarded as providing full-time care and attention to a relevant person where 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 for the purposes of the provision of such training), or

(ii) a non-residential place of day care approved by the Minister for Health...