Social Welfare and Pensions Act 2007

24.

Payment of carer’s allowance in certain circumstances.

24.— The Principal Act is amended—

( a) in section 182, by substituting the following for paragraph ( a):

“( a) only one carer’s allowance or a payment under section 186A, as the case may be, shall be payable to a carer, and only one carer’s allowance or payment under section 186A, as the case may be, shall be payable in any week in respect of the full-time care and attention being provided to a relevant person, and”,

( b) in section 184(1), by substituting “carer’s allowance or a payment under section 186A” for “carer’s allowance”,

( c) in section 185—

(i) by substituting “carer’s allowance or a payment under section 186A” for “carer’s allowance” where it occurs, and

(ii) in subsection (2), by substituting “the allowance or payment, as the case may be” for “the allowance”,

( d) in section 186(2)( a), by substituting “carer’s allowance or a payment under section 186A” for “carer’s allowance”,

( e) by inserting the following section after section 186 but in Chapter 8:

“Payment of carer’s allowance in certain circumstances.

186A.— (1) Subject to this Act, a payment shall, in the circumstances and subject to the conditions that may be prescribed, be made to a carer.

(2) A carer shall not be entitled to a payment under this section unless the carer is habitually resident in the State at the date of the making of the application for the payment.

(3) Subject to subsection (5), the rate of payment under this section shall be calculated in accordance with section 181 (other than subparagraphs (i), (i a) and (ii) of subsection (1)).

(4) The amount payable under this section shall be half the amount calculated in accordance with subsection (3).

(5) Notwithstanding this section—

( a) only one payment under this section shall be made to a carer, and only one such payment shall be made in any week in respect of the full-time care and attention being provided to a relevant person,

( b) a payment under this section shall not be made in respect of the full-time care and attention being provided to a relevant person in any case where a carer’s benefit under Part 2 is being paid to any person in respect of the full-time care and attention being provided to the same relevant person,

( c) a payment under this section shall not be made to a relevant person,

( d) a payment under this section shall not be made where the carer—

(i) engages in employment, self-employment, or any course of education or training,

(ii) is entitled to or in receipt of jobseeker’s benefit or jobseeker’s allowance,

(iii) is a person to whom Article 58 of the Regulations of 1996 applies in respect of proven unemployment, or

(iv) is entitled to or in receipt of weekly supplementary welfare allowance under section 197.

(6) Notwithstanding subsection (5)( d)(i), for the purposes of a payment under this section, the Minister may make regulations to provide that a carer may engage in employment, self-employment, or any course of education or training, subject to the conditions and in the circumstances that may be prescribed.”,

( f) in section 224(1)( a), by substituting “carer’s benefit, carer’s allowance or a payment under section 186A” for “carer’s benefit or carer’s allowance”, and

( g) in section 247—

(i) in subsection (1)( b), by inserting “a payment under section 186A,” before “supplementary welfare allowance”,

(ii) by inserting the following after subsection (3):

“(3A) Notwithstanding subsections (1) and (2) and subject to subsection (3B), where disablement benefit and any benefit described in section 39(1) (including any increase thereof) or assistance described in section 139(1) (including any increase thereof) would be payable to or in respect of a person in respect of the same period, both such payments may be paid to or in respect of that person in respect of that period.

(3B) For the purposes of subsection (3A), disablement benefit shall not include an increase—

( a) on account of incapacity by virtue of section 77,

( b) in respect of a qualified adult or a qualified child, by virtue of section 76,

( c) in respect of constant attendance by virtue of section 78, other than where a benefit, as described in section 39(1), is payable.”,

and

(iii) by inserting the following after subsection (5):

“(5A) A payment under section 186A shall not be payable where a person is in receipt of more than one payment by virtue of regulations made under subsection (4).”.