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26 2005

Social Welfare Consolidation Act 2005

Chapter 14

Carer's Benefit

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]

(2) For the purposes of subsection (1), a relevant person shall be regarded as requiring full-time care and attention where—

(a) the person has such a disability that he or she 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) the nature and extent of his or her disability has been certified in the prescribed manner by a medical practitioner.

[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.

Entitlement to benefit.

[2000 s10; 2005 (SW&P) s6(b)]

100. —(1) Subject to this Act, a benefit (in this Act referred to as “carer's benefit”) shall be payable to a carer where he or she—

(a) was engaged in remunerative full-time employment as an employed contributor for not less than 8 weeks, whether consecutive or not, within the relevant period,

(b) does not engage in employment or self-employment, and

(c) satisfies the contribution conditions in section 101 .

[2000 s10; 2005 (SW&P) s6(b)]

(2) Subsection (1)(a) shall not apply in respect of a claimant who was in receipt of carer's benefit within the relevant period.

[2000 s10]

(3) Notwithstanding subsection (1)(b), the Minister may make regulations to provide that a carer may engage in employment or self-employment subject to the limitations in relation to hours or remuneration that may be prescribed and subject to the conditions and in the circumstances that may be prescribed.

[2000 s10]

(4) Subsection (1)(c) shall not apply in the case of a claimant who was previously in receipt of carer's benefit.

[2000 s10; 2005 (SW&P) s6(b)]

(5) In this section “remunerative full-time employment” means remunerative employment for not less than 16 hours a week within the 8 weeks referred to in subsection (1)(a) or any period that may be prescribed under subsection (6), provided that where any 2 of those weeks are consecutive, the requirement in relation to those 2 weeks may be satisfied by an aggregate of not less than 32 hours in that fortnight.

[2001 s26(1)(b)(ii); 2005 (SW&P) s6(b)]

(6) Regulations may provide that, subject to the conditions and in the circumstances that may be prescribed, in the case of a person who was absent from his or her employment within the relevant period referred to in subsection (1)(a), by reason of being on such leave from that employment as may be prescribed, the condition specified in subsection (1)(a) shall be regarded as being satisfied in respect of that person if he or she was engaged in remunerative full-time employment as an employed contributor for 8 weeks, whether consecutive or not, within the relevant period (other than the relevant period referred to in that subsection) that may be prescribed (and the period that may be so prescribed may comprise 2 or more periods which, taken together, amount to a period of 26 weeks).

Conditions for receipt.

[2000 s10; 2005 (SW&P) s11(f)]

101. —(1) The contribution conditions for carer's benefit are that the carer has qualifying contributions in respect of not less than 156 contribution weeks in the period between his or her entry into insurance and the first day for which the benefit is claimed, and qualifying contributions in respect of not less than—

(a) 39 contribution weeks in the second last complete contribution year before the beginning of the benefit year which includes the first day for which the benefit is claimed, or

(b) 39 contribution weeks in the 12 months immediately before the first day for which the benefit is claimed, or

(c) 26 weeks in each of the second last and third last complete contribution years before the beginning of the benefit year which includes the first day for which the benefit is claimed.

[2000 s10]

(2) Regulations may provide for modification of the contribution conditions set out in subsection (1).

Rate of benefit.

[2000 s10; 2005 (SW&P) s26 & Sch 4]

102. —(1) Subject to this Act, the rate (in this Chapter referred to as the “scheduled rate”) of carer's benefit shall be—

(a) in the case of a person who is a carer of more than one relevant person, the weekly rate set out in column (2) at reference 7(b) in Part 1 of Schedule 2, and

(b) in any other case, the weekly rate set out in column (2) at reference 7(a) in Part 1 of Schedule 2,

increased by the appropriate amount set out in column (4) of that Part opposite that reference in respect of each qualified child who normally resides with the beneficiary.

[2000 s10]

(2) Any increase in carer's benefit payable under subsection (1) in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouse of the claimant or beneficiary shall be payable at the rate of one-half of the appropriate amount and subsection (1) shall be read and have effect accordingly.

Duration of payment.

[2000 s10]

103. —A carer who has been in receipt of carer's benefit for 65 weeks, whether consecutive or not, in respect of the full-time care and attention being provided to a relevant person, shall not thereafter be entitled to that benefit in respect of the full-time care and attention being provided to the same relevant person.

Medical examination.

[2000 s10]

104. —(1) A relevant person, in respect of whose full-time care and attention a carer is entitled to or in receipt of carer's benefit, shall attend for or submit to any medical or other examination that may be required in accordance with regulations.

[2000 s10]

(2) Regulations under subsection (1) may also provide for disqualifying a person for receiving carer's benefit where the relevant person, in respect of whose full-time care and attention the benefit is payable, fails without good cause to attend for or to submit to any medical or other examination that may be required in accordance with those regulations.

Payment of benefit.

[2000 s10; 2005 (SW&P) s14(a)]

105. —Notwithstanding this Chapter—

(a) only one carer's benefit shall be payable to a carer, and only one carer's benefit shall be payable in any week in respect of the full-time care and attention being provided to a relevant person,

[2001 s26(1)]

(b) carer's benefit shall not be payable in respect of the full-time care and attention being provided to a relevant person in any case where the relevant person is in receipt of an increase of disablement pension under section 78 in respect of constant attendance,

(c) carer's benefit shall not be payable in respect of the full-time care and attention being provided to a relevant person in any case where a carer's allowance under Part 3 is being paid to any person in respect of the full-time care and attention being provided to the same relevant person, and

(d) a prescribed relative allowance under Chapter 8 of Part 3 shall cease to be payable to a relevant person or prescribed relative, as the case may be, where the prescribed relative or any other person becomes entitled to and receives a carer's benefit in respect of the full-time care and attention being provided to that relevant person.

Disqualification.

[2000 s10]

106. —A person who, having been in receipt of carer's benefit for less than 6 weeks in respect of the full-time care and attention being provided to a relevant person, ceases to be entitled to that benefit, shall be disqualified for receipt of carer's benefit in respect of the full-time care and attention being provided to the same relevant person for 6 weeks from the last day for which he or she was entitled to the benefit.

Regulations.

[2000 s10]

107. —Regulations may provide for requiring an employer or any other person to give any information that may be required for the purpose of determining a claim to carer's benefit.