Social Welfare (Consolidated Payments Provisions (Amendment) (No 4) (Carer’S Allowance) Regulations, 1999

JurisdictionIreland
CitationIR SI 256/1999
Year1999

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 4, 163(1) (as amended by section 10 of the Social Welfare Act, 1999 (No. 3 of 1999)) and 163(1A) (inserted by the Social Welfare Act, 1997 (No. 10 of 1997)) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), Rule 1(7) (inserted by section 12 (b) of the Social Welfare Act, 1999 ) and Rule 4(1B) (inserted by section 12(c) of the Social Welfare Act, 1999 ) of Part II of the Third Schedule of the said Act hereby makes the following Regulations:

Citation and construction.

(1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Carer's Allowance) Regulations, 1999.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1999 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 1999.

Definitions.

2. In these Regulations—

“the Principal Regulations” means the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 );

“the Regulations of 1995” means the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) Regulations, 1995 ( S.I. No. 146 of 1995 );

“the Regulations of 1997” means the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Carer's Allowance) Regulations, 1997 ( S.I. No. 333 of 1997 ).

Commencement.

3. These Regulations shall come into operation on the 5th day of August, 1999.

Non-resident carer.

4. The Principal Regulations are hereby amended by—

(a) the substitution in article 85 for “The conditions” of “Subject to article 86(c), the conditions”, and

(b) the insertion after article 85 of the following article:

“Conditions to be satisfied by non-resident carer.

85A(1) Subject to sub-article (2) the conditions prescribed for the purposes of paragraph (b) of the definition of ‘carer’ contained in section 163(1) are that—

(a) a direct system of communication must exist between the carer's residence and that of the relevant person,

(b) the relevant person is not already receiving full-time care and attention within his or her own residence from a person other than the applicant,

(c) the carer must live in close proximity to the relevant person and provide full-time care and attention to the relevant person.

(2) (a) For the purposes of paragraph (a) of sub-article (1) a system of communication shall include a telephone or alarm system.

(b) For the purposes of paragraph (c) of...

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