Social Welfare and Pensions Act 2008

15.

Domiciliary care allowance.

15.— Part 3 of the Principal Act is amended by inserting the following after Chapter 8:

“Chapter 8A

Domiciliary Care Allowance

Interpretation.

186B.— In this Chapter—

‘ institution ’, means a hospital, convalescent home or home for children suffering from physical or mental disability or ancillary accommodation and any other similar establishment providing residence, maintenance or care where the cost of the child’s maintenance in that institution is being met in whole or in part by or on behalf of the Executive or the Department of Education and Science;

‘ international organisation ’ means an international intergovernmental organisation, including, in particular and without limiting the generality of the foregoing—

( a) the United Nations Organization and its specialist agencies,

( b) the institutions and agencies of the European Communities,

( c) the Council of Europe, and

( d) the Organisation for Economic Co-operation and Development;

‘ qualified child ’ has the meaning given by section 186C;

‘ qualified person ’ has the meaning given by section 186D.

Qualified child.

186C.— A person who is under the age of 16 years (in this section referred to as ‘the child’) is a qualified child for the purposes of payment of domiciliary care allowance if—

( a) a medical practitioner has certified, in such manner as is prescribed, that—

(i) the child has a severe disability requiring continual or continuous care and attention substantially in excess of the care and attention normally required by a child of the same age, and

(ii) the disability is such that the child is likely to require full-time care and attention for at least 12 consecutive months,

( b) the child—

(i) is ordinarily resident in the State, or

(ii) satisfies the requirements of section 219(2),

and

( c) the child is not detained in a children detention school as defined in section 3 of the Children Act 2001.

Qualified person.

186D.— (1) A person is a qualified person for the purpose of receiving domiciliary care allowance in respect of a qualified child if—

( a) the child normally resides with that person,

( b) that person provides for the care of the child, and

( c) at the date of the making of the application for domiciliary care allowance—

(i) that person is habitually resident in the State, or

(ii) the requirements of section 219(2) are satisfied in relation to that person.

(2) For the purposes of subsection (1)( a) the Minister may by regulation make rules for determining with whom a qualified child is to be regarded as normally residing.

Payments while child is resident in an institution.

186E.— (1) Subject to subsections (2) and (3), domiciliary care allowance is not payable for any period during which a child is resident in an institution.

(2) Subject to this Chapter, regulations may provide, subject to such conditions and in such circumstances as are prescribed, for payment of domiciliary care allowance at a rate less than the scheduled rate referred to in section 186F in respect of a qualified child in respect of whom the allowance would be payable but for the fact that the qualified child is resident in an institution, where the child is temporarily resident with the qualified person for a period of not less than two days in any one week.

(3) Where a qualified child in respect of whom a domiciliary care allowance is payable is admitted to an institution otherwise than in the circumstances referred to in subsection (2), that allowance shall continue to be payable for such period, and in such circumstances as are prescribed.

Rate of payment.

186F.— (1) Subject to this Act, a person shall, so long as he or she remains a qualified person, be paid out of moneys provided by the Oireachtas a monthly allowance at the rate (in this section referred to as ‘the scheduled rate’) set out in Part 5 of Schedule 4.

(2) Regulations may provide for the payment of domiciliary care allowance at a rate lower than the scheduled rate in the case of a qualified child in respect of whom an allowance is payable in accordance with section 186E(2).

Medical examination.

186G.— (1) A qualified child in respect of whom domiciliary care allowance is in payment shall attend for or submit to such medical or other examinations as are required in accordance with regulations.

(2) Regulations made for the purposes of subsection (1) may also provide for disqualifying a person for receiving domiciliary care allowance where the qualified child in respect of whom the domiciliary care allowance is payable fails without good cause to attend for or submit to such medical or other examination as may be required in accordance with those regulations.

Only one domiciliary care allowance payable.

186H.— Not more than one domiciliary care allowance is payable in any month in respect of any one qualified child.”.