Social Welfare Consolidation Act 2005
Entitlement to benefit.
[2000 s10; 2005 (SW&P) s6(b)]
100.—(1) Subject to this Act, a benefit (in this Act referred to as “carer's benefit”) shall be payable to a carer where he or she—
F644[(a) was engaged in insurable full-time employment for not less than 8 weeks, whether consecutive or not, within the relevant period,]
(b) does not engage in F645[employment, self-employment, or any course of education or training], and
(c) satisfies the contribution conditions in section 101.
[2000 s10; 2005 (SW&P) s6(b)]
(2) Subsection (1)(a) shall not apply in respect of a claimant who was in receipt of carer's benefit within the relevant period.
[2000 s10]
(3) Notwithstanding subsection (1)(b), the Minister may make regulations to provide that a carer may engage in F645[employment, self-employment, or any course of education or training] subject to the limitations in relation to hours or remuneration that may be prescribed and subject to the conditions and in the circumstances that may be prescribed.
F646[(3A) Notwithstanding the generality of subsection (3), the Minister may, by regulations, make provision in relation to the documentary proof, including the information or specific documentation to be provided by a self-employed person in support of his or her claim for carer’s benefit, and, notwithstanding the generality of the foregoing, any such regulations may provide for—
(a) the provision by a person of documentary evidence of the nature, extent and duration of his or her self-employment, and
(b) such other matters as the Minister considers appropriate for the purposes of this Chapter.]
[2000 s10]
(4) Subsection (1)(c) shall not apply in the case of a claimant who was previously in receipt of carer's benefit.
[2000 s10; 2005 (SW&P) s6(b)]
F647[(5) In this section, ‘engaged in insurable full-time employment’ means engaged—
(a) in insurable employment as an employed contributor, or
(b) in insurable self-employment as a self-employed contributor,
for not less than 16 hours a week within the 8 weeks referred to in subsection (1)(a) or any period that may be prescribed under subsection (6), provided that where any 2 of those weeks are consecutive, the requirement in relation to those 2 weeks may be satisfied by an aggregate of not less than 32 hours in that fortnight.]
[2001 s26(1)(b)(ii); 2005 (SW&P) s6(b)]
F648[(6) Regulations may provide that, subject to the conditions and in the circumstances that may be prescribed, in the case of a person who was absent from his or her employment within the relevant period referred to in subsection (1)(a), by reason of being on such leave from that employment as may be prescribed, the condition specified in subsection (1)(a) shall be regarded as being satisfied in respect of that person if he or she was engaged in insurable full-time employment for 8 weeks, whether consecutive or not, within the relevant period (other than the relevant period referred to in that subsection) that may be prescribed (and the period that may be so prescribed may comprise 2 or more periods which, taken together, amount to a period of 26 weeks).]
Annotations
Amendments:
F644
Substituted (1.01.2025) by Social Welfare Act 2024 (36/2024), s. 10(1)(a), commenced as per subs. (2).
F645
Substituted (30.03.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 12, commenced on enactment.
F646
Inserted (1.01.2025) by Social Welfare Act 2024 (36/2024), s. 10(1)(b), commenced as per subs. (2).
F647
Substituted (1.01.2025) by Social Welfare Act 2024 (36/2024), s. 10(1)(c), commenced as per subs. (2).
F648
Substituted (1.01.2025) by Social Welfare Act 2024 (36/2024), s. 10(1)(d), commenced as per subs. (2).
Editorial Notes:
E773
Power pursuant to subs. (3) exercised (30.12.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 9) (Assessment of Earnings and Means) Regulations 2025 (S.I. No. 677 of 2025), art. 2, which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 57(5)(aa).
E774
Power pursuant to subs. (3) exercised (3.07.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 18) (Carer’s Benefit and Carer’s Allowance - Earnings Disregard) Regulations 2024 (S.I. No. 653 of 2024), art. 4(a), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 57(3) and (4).
E775
Power pursuant to subs. (3) exercised (2.06.2022) by Social Welfare (Consolidated Claims, Payment and Control) (Amendment) (No. 17) (Earnings Disregard) Regulations 2021 (S.I. No. 783 of 2021), art. 4(a)(ii), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 57(5)(a).
E776
Power pursuant to subs. (3) exercised (25.11.2021) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 15) (Carers) Regulations 2021 (S.I. No. 623 of 2021), art. 4(b), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 57(2), (3) and (4).
E777
Power pursuant to subs. (6) exercised (25.11.2021) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 15) (Carers) Regulations 2021 (S.I. No. 623 of 2021), art. 4(c), which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 57A.
E778
Power pursuant to subs. (3) exercised (1.01.2020) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 14) (Carers) Regulations 2019 (S.I. No. 635 of 2019), art. 3(a)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 57(2)—in effect as per art. 2.
E779
Power pursuant to subs. (3) exercised (12.11.2012) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 10) (Miscellaneous Amendments) Regulations 2012 (S.I. No. 447 of 2012), art. 8 and sch, which deleted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 57(5)(d).
E780
Power pursuant to subs. (3) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 57, in effect as per art. 2.
E781
Previous affecting provision: power pursuant to subs. (3) exercised (6.06.2024) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Carer’s Benefit and Carer’s Allowance – Earnings Disregard) Regulations 2024 (S.I. No. 275 of 2024), art. 4(a)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 57(3) and (4)—in effect as per art. 2; substituted (3.07.2025) as per E-Note above.
E782
Previous affecting provision: power pursuant to subs. (3) exercised (2.06.2022) by Social Welfare (Consolidated Claims, Payment and Control) (Amendment) (No. 17) (Earnings Disregard) Regulations 2021 (S.I. No. 783 of 2021), art. 4(a)(i)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 57(3) and (4)—in effect as per art. 2; substituted (6.06.2024) as per E-Note above.
E783
Previous affecting provision: power pursuant to subs. (3) exercised (3.04.2008) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (Carer’s Income Disregard) Regulations 2008 (S.I. No. 75 of 2008), art. 4(a)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 57(3) and (4)—in effect as per art. 2; substituted (2.06.2022) as per E-Note above.
E784
Previous affecting provision: power pursuant to subs. (3) exercised (5.04.2007) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (Carer’s Income Disregard and Family Income Supplement) Regulations 2007 (S.I. No. 148 of 2007), art. 4(a)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 57(3) and (4)—in effect as per art. 2; substituted (3.04.2008) as per E-Note above.
E785
Previous affecting provision: power pursuant to subs. (3) exercised (1.06.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 8) (Carers and Homemakers) Regulations 2006 (S.I. No. 288 of 2006), art. 4(a)—which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 35E—in effect as per art. 2; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.
E786
Previous affecting provision: power pursuant to subs. (3) exercised (6.04.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Carer's) Regulations 2006 (S.I. No. 145 of 2006), art. 4(a)—which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 35E—in effect as per art. 2; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.
E787
Previous affecting provision: power pursuant to statutory precursor of subs. (3) exercised (26.10.2000) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Carers) Regulations 2000 (S.I. No. 340 of 2000), art. 4—which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 35E—in effect as per art. 2; amended as per Table below; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.
Table
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• amended (7.04.2005) by Social Welfare (Consolidated Payments Provisions) (Amendment) (Capital Assessment and Carers) Regulations 2005 (S.I. No. 184 of 2005), art. 5(a), in effect as per art. 2(1)(a). • amended (3.04.2003) by Social Welfare (Consolidated Payments Provisions) (Amendment) (Carers) Regulations 2003 (S.I. No. 121 of 2003), art. 4(a), in effect as per art. 2. |