Social Welfare Consolidation Act 2005

186A

F1082[Payment of carers 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 F1083[].

(3) Subject to subsection (5), the rate of payment under this section shall be calculated in accordance with section 181 (other than subparagraphs (i), (ia) 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 carers benefit under Part 2is 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 jobseekers benefit, F1084[jobseeker’s benefit (self-employed), jobseeker’s allowance or jobseeker’s pay-related benefit,]

F1085[(iia) is entitled to or in receipt of back to work family dividend,]

(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.]

Annotations

Amendments:

F1082

Inserted (27.09.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 24(e), S.I. No. 699 of 2007.

F1083

Deleted (17.07.2014) by Social Welfare and Pensions Act 2014 (16/2014), s. 11(10), commenced on enactment.

F1084

Substituted (31.03.2025) by Social Welfare (Miscellaneous Provisions) Act 2024 (24/2024), s. 14 and sch. ref. 11, S.I. No. 499 of 2024.

F1085

Inserted (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 14 and sch. item no. 3, commenced on enactment.

Editorial Notes:

E1166

Power pursuant to subs. (1) 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 inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 136A.

E1167

Power pursuant to subs. (6) 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 inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 136B.

E1168

Previous affecting provision: subs. (5)(d)(ii) amended (1.11.2019) by Social Welfare Act 2019 (34/2019), s. 6 and sch. item 10, S.I. No. 550 of 2019; substituted (31.03.2025) as per F-Note above.