Social Welfare Consolidation Act 2005
Interpretation.
[2005 (SW&P) s7(1)]
224.—(1) In this Part—
“carer” means a person ordinarily resident in the State who has attained the age of 16 years and—
(a) is in receipt of or entitled to F1250[carer’s benefit, carer’s allowance F1251[, domiciliary care allowance] or a payment under section 186A], or
(b) F1252[…]
(c) is providing full-time care and attention to a person who is in receipt of an increase of disablement pension under section 78 in respect of the need for constant attendance, or
(d) resides with and has provided, is providing or is likely to provide full-time care and attention for such periods and on such date as may be prescribed to a relevant person, or
(e) subject to the conditions and in the circumstances that may be prescribed, does not reside with but has provided, is providing or is likely to provide full-time care and attention for such periods and on such date as may be prescribed to a relevant person;
“institution” means a hospital, convalescent home or home for people suffering from physical or mental disability or ancillary accommodation, nursing home for the care and maintenance of dependent elderly people or any other similar establishment providing residence, maintenance or care;
[2005 (SW&P) s7(1)]
“relevant person” means a person who is ordinarily resident in the State and is so incapacitated that he or she requires full-time care and attention within the meaning of subsection (2).
[2005 (SW&P) s7(1)]
F1253[(2) For the purposes of the definition of ‘relevant person’ in this Part, a person shall not be regarded as requiring full-time care and attention unless the person is so incapacitated that he or she requires from another person—
(a) continual supervision and frequent assistance throughout the day in connection with normal bodily functions, or
(b) continual supervision in order to avoid danger to himself or herself.]
[2005 (SW&P) s7(1)]
(3) 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.
Annotations
Amendments:
F1250
Substituted (27.09.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 24(f), S.I. No. 699 of 2007.
F1251
Inserted (1.04.2009) by Social Welfare and Pensions Act 2008 (2/2008), s. 16(b), S.I. No. 143 of 2009.
F1252
Deleted (31.12.2018) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 16(f), S.I. No. 655 of 2018.
F1253
Substituted (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 4(1)(c), commenced on enactment.
Editorial Notes:
E1354
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(c)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 167(a) and substituted art. 167(b) and (c)—in effect as per art. 3.
E1355
Power pursuant to subs. (3) exercised (25.05.2024 with retrospective effect from 1.01.2023) by Social 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(d)—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 167A—in effect as per art. 2.
E1356
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. 5(a), which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 167(d) and inserted art. 167(e).
E1357
Power pursuant to subs. (1)(d) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 165, in effect as per art. 2.
E1358
Power pursuant to subs. (1)(e) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 168, in effect as per art. 2.
E1359
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), arts. 166 and 167, in effect as per art. 2.
E1360
Previous affecting provision: power pursuant to subs. (3) 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(d)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 167(b)—in effect as per art. 2; substituted (3.07.2025) as per E-Note above.
E1361
Previous affecting provision: power pursuant to subs. (3) 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(e)—which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 167A—in effect as per art. 2; substituted (25.05.2024 with retrospective effect from 1.01.2023) as per E-Note above.
E1362
Previous affecting provision: power pursuant to subs. (3) exercised (1.01.2016) by Social Welfare and Pensions Act 2015 (47/2015), s. 5(1) and sch. 2—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 167(d)—commenced as per s. 5(3); substituted (25.11.2021) as per E-Note above
E1363
Previous affecting provision: subs. (2) amended (17.12.2008) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 10(c), commenced on enactment; substituted (6.05.2015) as per F-Note above.
E1364
Previous affecting provision: power pursuant to subs. (2)(b) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 170, in effect as per art. 2; deleted (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.
E1365
Power pursuant to statutory precursor of 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(c)—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 93F—in effect as per art. 2, subject to saver in art. 5; 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.
E1366
Previous affecting provision: power pursuant to statutory precursor of subs. (1)(d) exercised (3.05.2005) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Respite Care Grant) Regulations 2005 (S.I. No. 231 of 2005), art. 4—which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 93D—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.
E1367
Previous affecting provision: power pursuant to statutory precursor of subs. (1)(e) exercised (3.05.2005) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Respite Care Grant) Regulations 2005 (S.I. No. 231 of 2005), art. 4—which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 93G—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.
E1368
Previous affecting provision: power pursuant to statutory precursor of subs. (2)(b) exercised (3.05.2005) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Respite Care Grant) Regulations 2005 (S.I. No. 231 of 2005), art. 4—which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 93I—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.
E1369
Previous affecting provision: power pursuant to statutory precursor of subs. (3) exercised (3.05.2005) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Respite Care Grant) Regulations 2005 (S.I. No. 231 of 2005), art. 4—which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), arts. 93E and 93F—in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; art. 93F substituted (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(c), in effect as per art. 2 subject to saver in art. 5; art. 93E 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.