Social Welfare Consolidation Act 2005
Interpretation.
[1993 s163(1)]
179.—(1) Subject to this Act, in this Chapter—
“carer” means—
(a) a person who resides with and provides full-time care and attention to a relevant person, or
[1999 s10(b)]
(b) a person who, subject to the conditions and in the circumstances that may be prescribed, does not reside with but who provides full-time care and attention to a relevant person.
F1066[…]
F1066[…]
“relevant person” means a person (other than a person in receipt of an increase of disablement pension under section 78 in respect of constant attendance) who has such a disability that he or she requires full-time care and attention, and who—
(a) has attained the age of 16 years, or
[1999 s10(a); 2005 (SW&P) s26 & Sch 4]
F1067[(b) is under the age of 16 years and is a person in respect of whom a payment under Chapter 8A of Part 3 is being made;]
[2000 s17 & Sch E; 2005 (SW&P) s25 & Sch 3]
“weekly means” means, subject to Rule 1(1) of F1068[Part 5] of Schedule 3, the yearly means divided by 52.
[1997 s23(1); 1999 s13 & Sch C]
(2) The Minister may make regulations specifying the circumstances and conditions under which a person is to be regarded as providing full-time care and attention to a relevant person.
[1993 s163(2); 2005 (SW&P) s25 & Sch 3]
(3) For the purposes of this Chapter, means shall be calculated in accordance with the Rules contained in F1068[Part 5] of Schedule 3.
[1993 s163(3); 2000 s28(1)(b)]
F1069[(4) For the purposes of the definition of ‘relevant person’ in this Chapter, a person shall not be regarded as requiring full-time care and attention unless the person has such a disability that he or she—
(a) requires from another person—
(i) continual supervision and frequent assistance throughout the day in connection with normal bodily functions, or
(ii) continual supervision in order to avoid danger to himself or herself,
and
(b) is likely to require such full-time care and attention for at least 12 consecutive months.]
Annotations
Amendments:
F1066
Deleted (31.12.2018) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 16(b), S.I. No. 655 of 2018.
F1067
Substituted (24.12.2019) by Social Welfare (No. 2) Act 2019 (48/2019), s. 9, commenced on enactment.
F1068
Substituted (29.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 17 and sch. 3, S.I. No. 334 of 2006.
F1069
Substituted (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 4(1)(b), commenced on enactment.
Editorial Notes:
E1142
Power pursuant to subs. (2) exercised (25.05.2024 with retrospective effect from 1.01.2023) by Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 7) (Domiciliary Care Allowance - Temporary Residence in an Institution) Regulations 2024 (S.I. No. 274 of 2024), art. 3(b)—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 136(1A)—)in effect as per art. 2.
E1143
Power pursuant to subs. (2) exercised (1.01.2023) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Circumstances in Which Carer Is to Be Regarded as Providing Full Time Care and Attention)Regulations 2023 (S.I. No. 324 of 2023), art. 3(c)(i)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 136(1)—in effect as per art. 2.
E1144
Power pursuant to subs. (2) exercised (23.02.2021) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Carer’s Allowance) Regulations 2021 (S.I. No. 76 of 2021), art. 2(b), which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 136; amended (24.01.2022) by Social Welfare (Consolidated Claims, Payment and Control) (Amendment) (No. 6) (Carers Allowance) Regulations 2022 (S.I. No. 201 of 2022), art. 4, in effect as per art. 2.
E1145
Power pursuant to para. (b) of the definition of "carer" in subs. (1) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 133, in effect as per art. 2.
E1146
Previous affecting provision: power pursuant to subs. (2) exercised (1.01.2023) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Circumstances in Which Carer Is to Be Regarded as Providing Full Time Care and Attention)Regulations 2023 (S.I. No. 324 of 2023), art. 3(c)(ii)—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 136(1A)—in effect as per art. 2; substituted (25.05.2024 with retrospective effect from 1.01.2023) as per E-Note above.
E1147
Previous affecting provision: power pursuant to subs. (2) exercised (24.01.2022) by Social Welfare (Consolidated Claims, Payment and Control) (Amendment) (No. 6) (Carers Allowance) Regulations 2022 (S.I. No. 201 of 2022), art. 4—which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 136(1A)—in effect as per art. 2; substituted (1.01.2023) as per E-Note above.
E1148
Previous affecting provision: power pursuant to subs. (2) 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(b)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 136—in effect as per art. 2; substituted (23.02.2021) as per E-Note above.
E1149
Previous affecting provision: power pursuant to subs. (2) exercised (2.01.2017) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Carer’s Allowance) Regulations 2016 (S.I. No. 620 of 2016), art. 3—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 136—in effect as per art. 2; substituted (23.02.2021) as per E-Note above.
E1150
Previous affecting provision: subs. (4) amended (17.12.2008) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 10(b), commenced on enactment; substituted (6.05.2015) as per F-Note above.
E1151
Previous affecting provision: power pursuant to subs. (2) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 136, in effect as per art. 2; substituted (2.01.2017) as per E-Note above.
E1152
Previous affecting provision: power pursuant to subs. (4)(c) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 134, in effect as per art. 2; revoked (7.05.2015) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Medical Assessor and Medical Certification) Regulations 2015 (S.I. No. 179 of 2015), art. 4.
E1153
Previous affecting provision: power pursuant to subs. (2) 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(b)—which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 86—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.
E1154
Previous affecting provision: power pursuant to para. (b) of the definition of "carer" in statutory precursor of subs. (1) exercised (26.10.2000) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Carers) Regulations 2000 (S.I. No. 340 of 2000), art. 6—which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 85B—in effect as per art. 2; 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.
E1155
Previous affecting provision: power pursuant to statutory precursor of subs. (2) exercised (21.07.1997) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Carer's Allowance) Regulations 1997 (S.I. No. 333 of 1997), art. 3—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 86—in effect as per art. 2; amended (5.08.1999) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Carer's Allowance) Regulations 1999 (S.I. No. 256 of 1999), arts. 5 and 7, in effect as per art. 3; 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.
E1156
Previous affecting provision: power pursuant to statutory precursor of subs. (4)(c) exercised (26.10.2000) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Carers) Regulations 2000 (S.I. No. 340 of 2000), art. 6—which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 85C—in effect as per art. 2; 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.