Social Welfare Consolidation Act 2005

Entitlement to respite care grant.

[2005 (SW&P) s7(1)]

225

225.—(1) Subject to subsections (2) and (5), an annual grant (in this Act referred to as a “F1254[carer’s support grant]”) in the amount of F1255[€2,000] shall be payable to a carer in respect of each relevant person in his or her care and only one such annual grant shall be payable in respect of a relevant person.

[2005 (SW&P) s7(1)]

(2) Subject to subsections (3) and (4), a grant shall not be payable to a carer where—

(a) he or she engages in F1256[employment, self-employment, or any course of education or training], or

(b) he or she is entitled to or in receipt of F1257[jobseeker’s benefit] , F1258[jobseeker’s benefit (self-employed), jobseeker’s allowance or jobseeker’s pay-related benefit], or

(c) he or she is a person to whom article 58 of the Regulations of 1996 applies in respect of proven unemployment, or

(d) F1259[…]

(e) the relevant person is resident in an institution.

[2005 (SW&P) s7(1)]

(3) The Minister may by regulations provide that a carer may engage in F1256[employment, self-employment, or any course of education or training] subject to the limitations in relation to the hours or remuneration that may be prescribed and subject to the conditions and in the circumstances that may be prescribed.

[2005 (SW&P) s7(1)]

(4) The Minister may by regulations provide for entitling to a F1254[carer’s support grant] a carer who would be entitled to the grant but for the fact that the relevant person is temporarily resident in an institution or temporarily residing with another person.

[2005 (SW&P) s7(1)]

(5) Regulations made under this section may provide for the date in each year on which a F1254[carer’s support grant] shall become payable to a carer.

Annotations

Amendments:

F1254

Substituted (1.01.2016) by Social Welfare and Pensions Act 2015 (47/2015), s. 5(1) and sch. 2, commenced as per subs. (3).

F1255

Substituted (5.06.2025) by Social Welfare Act 2024 (36/2024), s. 12(1), commenced as per subs. (2).

F1256

Substituted (1.05.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 28(b), S.I. No. 219 of 2007.

F1257

Substituted (5.10.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 6, S.I. No. 334 of 2006.

F1258

Substituted (31.03.2025) by Social Welfare (Miscellaneous Provisions) Act 2024 (24/2024), s. 14 and sch. ref. 15, S.I. No. 499 of 2024.

F1259

Deleted (2.06.2010) by Social Welfare and Pensions Act 2008 (2/2008), s.16(c), S.I. No. 246 of 2010.

Editorial Notes:

E1370

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(b), which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 169.

E1371

Power pursuant to subs. (5) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 163, in effect as per art. 2.

E1372

Previous affecting provision: subs. (1) amended (1.06.2021) by Social Welfare Act 2020 (30/2020), s. 11(1), commenced as per subs. (2); substituted (5.06.2025) as per F-Note above.

E1373

Previous affecting provision: 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(c)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 169(3)—in effect as per art. 2; substituted (25.11.2021) as per E-Note above.

E1374

Previous affecting provision: subs. (2)(b) amended (1.11.2019) by Social Welfare Act 2019 (34/2019), s. 6 and sch. item 12, S.I. No. 550 of 2019; substituted (31.03.2025) as per F-Note above.

E1375

Previous affecting provision: subs. (1) amended (1.01.2016) by Social Welfare and Pensions Act 2015 (47/2015), s. 6(1), commenced as per subs. (2); substituted (1.06.2021) as per E-Note above.

E1376

Previous affecting provision: subs. (1) amended (1.06.2013) by Social Welfare Act 2012 (43/2012), s. 5(1), commenced as per subs. (2); substituted (1.06.2016) as per E-Note above.

E1377

Previous affecting provision: subs. (1) amended (5.06.2008) by Social Welfare and Pensions Act 2008 (2/2008), s. 9(1), commenced as per subs. (2); substituted (1.06.2013) as per E-Note above.

E1378

Previous affecting provision: subs. (1) amended (7.06.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 28(a), S.I. No. 219 of 2007; substituted (5.06.2008) as per E-Note above.

E1379

Previous affecting provision: 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. 169, in effect as per art. 2; substituted (25.11.2021) as per E-Note above.

E1380

Previous affecting provision: subs. (2)(b) amended (4.10.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 4, S.I. No. 334 of 2006; substituted (31.03.2025) as per F-Note above.

E1381

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(d)—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 93H—in effect as pert 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.

E1382

Previous affecting provision: subs. (1) amended (24.03.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 30, commenced on enactment; substituted (7.06.2007) as per E-Note above.

E1383

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), art. 93H—in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; substituted (1.06.2006) as per E-Note above.

E1384

Previous affecting provision: power pursuant to statutory precursor of subs. (5) 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. 93B—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.