Social Welfare Consolidation Act 2005
Interpretation.
[2000 s10; 2005 (SW&P) s6(a)]
99.—(1) Subject to this Act, in this Chapter—
“carer” means a person who has attained the age of 16 years and who—
(a) resides with and provides full-time care and attention to a relevant person, or
(b) subject to the conditions and in the circumstances that may be prescribed, does not reside with but provides full-time care and attention to a relevant person;
“relevant period” means the period of 26 weeks immediately before the first day in respect of which a claim to carer's benefit is made;
“relevant person” means a person who has such a disability that he or she requires full-time care and attention.
[2000 s10]
F643[(2) 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 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.]
[2000 s10]
(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:
F643
Substituted (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 4(1)(a), commenced on enactment.
Editorial Notes:
E762
Power pursuant to subs. (3) exercised (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(a)—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 56A—in effect as per art. 2.
E763
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(a)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 56—in effect as per art. 2.
E764
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(a), which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 56.
E765
Power pursuant to subs. (1) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 54, in effect as per art. 2.
E766
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(b)—which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 56A—in effect as per art. 2; substituted (25.05.2024 with retrospective effect from 1.01.2023) as per E-Note above.
E767
Previous affecting provision: subs. (2) amended (17.12.2008) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 10(a), commenced on enactment; substituted (6.05.2015) as per F-Note above.
E768
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. 55, 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.
E769
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. 56, in effect as per art. 2; substituted (25.11.2021) as per E-Note above.
E770
Previous affecting provision: power pursuant to 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. 4—which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 35B—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.
E771
Previous affecting provision: power pursuant to statutory precursor of subs. (2)(b) 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. 35C—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.
E772
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. 35D—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.