Social Welfare (Carer's Allowance) Regulations, 1990.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Social Welfare (Carer's Allowance) Regulations, 1990.
2 Interpretation.
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paragraphs: In these Regulations—
"the Act" means the Social Welfare (Consolidation) Act, 1981 ;
"allowance" means a carer's allowance payable under Chapter 5B of Part III of the Act;
"allowance order" means an order for the payment through the post office of a weekly sum on account of an allowance;
"beneficiary" means a person entitled to an allowance;
"carer" means a carer as defined in section 198G of the Act;
"Chapter 5B of Part III of the Act" means Chapter 5B of Part III of the Act (inserted by section 17 of the Social Welfare Act, 1990 );
"claimant" means a person who has made a claim for an allowance;
"institution" means a hospital, convalescent home or home for persons suffering from physical or mental disability or accommodation ancilliary thereto and any other establishment providing residence, maintenance or care for the persons therein;
"prescribed relative allowance" has the meaning assigned to it by section 198G of the Act;
"relevant pensioner" has the meaning assigned to it by section 198G of the Act;
"section 198G of the Act" means section 198G of the Act (inserted by section 17 of the Social Welfare Act, 1990 ).
3 Commencement.
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paragraphs: These Regulations shall come into operation on the 1st day of November, 1990.
PART II Prescribed Circumstances and Conditions for Receipt of Allowance
4 Conditions to be satisfied by carer for receipt of allowance.
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paragraphs: The following conditions shall be satisfied by a carer for the purposes of payment of an allowance—
( a ) he shall not be engaged in employment or self-employment outside his home,
( b ) he must have attained the age of 18 years, and
( c ) he must not be residing in an institution.
5 Circumstances in which relevant pensioner is to be regarded as requiring full-time care and attention.
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paragraphs: A relevant pensioner shall, for the purposes of Chapter 5B of Part III of the Act, be regarded as requiring full-time care and attention where—
( a ) he is so disabled or invalided that he requires from another person—
(i) continual supervision in order to avoid danger to himself, or
(ii) continual supervision and frequent assistance throughout the day in connection with normal bodily functions, and
( b ) he is so disabled or invalided as to be likely to require full-time care and attention for a period of at least 12 months.
6 Circumstances in which carer is to be regarded as providing full-time care and attention.
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paragraphs: A carer may, for the purposes of Chapter 5B of Part III of the Act and these Regulations, continue to be regarded as providing full-time care and attention to a relevant pensioner where he would qualify for payment of an allowance but for the fact that either he or the relevant pensioner is undergoing medical or other treatment of a temporary nature in a hospital or other institution for a period of not longer than 13 weeks.
PART III Payment on Account of Allowance
7 Payment of prescribed relative allowance or increase of pension, benefit, allowance or assistance on account of carer's allowance.
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paragraphs: (1) Where—
( a ) in respect of any period a prescribed relative allowance or an increase has been paid to or in respect of a person who, though entitled to an allowance, is not at that time receiving payments on account thereof, and
( b ) such prescribed relative allowance or increase, as the case may be, would not have been paid if that person had then been receiving payment on account of an allowance, and
( c ) any sum (in this paragraph referred to as the arrears) accruing in respect of any part of the said period on account of an allowance subsequently becomes payable to that person,
the Minister may reduce the arrears by an amount not exceeding the amount paid by way of such prescribed relative allowance or increase, as the case may be.
(2) In this article "increase" means an increase of any pension, benefit, assistance or allowance, other than an "allowance" as defined in article 2 of these Regulations.
PART IV Claims and Payments
8 Claims to be made to the Minister.
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paragraphs: Every claim for an allowance (including an increase of allowance) shall be made to the Minister in the form for the time being approved by him or in such other manner as the Minister may accept as sufficient in the circumstances.
9 Information to be given when making a claim for and obtaining payment of allowance.
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paragraphs: (1) Every person who—
( a ) makes a claim for an allowance, or
( b ) is a relevant pensioner,
shall furnish such certificates, documents, information and evidence for the purpose of deciding the claim as may be required by the Minister and, if so required, shall for that purpose attend at such office or place as the Minister may direct.
(2) Every beneficiary or relevant pensioner and every person by whom or on whose behalf an allowance is receivable shall—
( a ) furnish in such manner and at such times as the Minister may determine such certificates, documents and information affecting the right to allowance or to the receipt thereof as the Minister may require, and
( b ) notify the Minister of any change of circumstances which affects the right to an allowance, or to the receipt thereof, as soon as is reasonably practicable after the occurrence thereof.
10 Time and manner of payment of allowances.
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paragraphs: (1) An allowance shall be paid weekly in advance on the Thursday of each week by means of an allowance order payable to the beneficiary, at such post office as the Minister, after enquiry from him, may determine.
(2) Where an allowance is payable the Minister shall cause arrangements to be made whereby, on furnishing evidence as to identity and such other particulars as may be required, a beneficiary may obtain a book of allowance orders.
(3) The Minister shall arrange for the issue to every beneficiary of a fresh book of allowance orders on the expiration of the previous book.
(4) Where the day from which payment or a change in the rate of payment of an allowance takes effect is a day of the week other than a Thursday, payment or the change in the rate of payment of the allowance shall take effect as from and including the next Thursday.
(5) Where an allowance ceases to be payable as from and including a day of the week other than Thursday, the allowance shall continue to be payable in respect of the days of the week up to but not including the next Thursday.
(6) A book of allowance orders issued to any person shall remain the property of the Minister.
(7) Any person having a book of allowance orders or any unpaid allowance order shall, on the termination of the allowance to which such book or order relates or when requested by the Minister, deliver such book or order to such person as the Minister may direct.
(8) Notwithstanding anything contained in this article, the Minister may in any particular case or class of case or in all cases arrange for the payment of an allowance otherwise than weekly in advance or otherwise than by means of allowance orders payable to the beneficiary.
11 Prescribed time for claiming allowance.
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paragraphs: (1) The prescribed time for making a claim for an allowance shall be the day in respect of which the claim is made.
(2) Where a claimant for an allowance satisfies the Minister that he was, on a day earlier than that on which he made his claim, qualified to make the claim and that there are good cause for his failure to make the claim on that day, that day may be substituted for the day on which the claimant actually made his claim.
12 Extinguishment of right to allowance not obtained within the prescribed time.
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paragraphs: Where an allowance has been duly awarded to a claimant and is being paid to that claimant, the right to any sum payable by way of such allowance shall be extinguished where payment thereof is not obtained within three months or, where in any particular case the Minister so approves, six months from the date on which that sum is receivable under article 10 of these Regulations.
13 Persons unable to act.
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paragraphs: (1) Where a claimant or beneficiary is unable for the time being to act, the Minister may appoint some other person to exercise on behalf of such claimant or beneficiary any right or power which the claimant or beneficiary may be entitled to exercise in relation to an allowance.
(2) The following provisions shall apply to every appointment made by the Minister under this article:—
( a ) the Minister may at any time revoke the appointment,
( b ) the person appointed may resign on giving to the Minister one month's notice of his intention to do so,
( c ) the appointment shall terminate on the day on which the Minister receives notice that a Committee of the estate of the claimant or beneficiary has been appointed.
(3) A person appointed under this article may exercise on behalf of the claimant or beneficiary any right or power which such claimant or beneficiary may be entitled to exercise in relation to an allowance and may receive and deal with any sum payable by way of an allowance on behalf of such claimant or beneficiary.
(4) Anything required to be done to a claimant or beneficiary in relation to an allowance may be done as respects a claimant or beneficiary who is unable to act to the person appointed under this article to act on his behalf.
(5) The receipt of a person appointed under this article for any amount paid in accordance with this article shall be a good discharge to the Minister for any amount so paid.
14 Payments on death.
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paragraphs: (1) On the death of a claimant or beneficiary the Minister may allow such person as he may think fit to proceed with or to make a claim for an allowance in the name of such claimant or beneficiary.
(2) On the death of a beneficiary, any sum payable in respect of an allowance may be paid or distributed by the Minister without probate or other proof of title of the personal representative of the deceased as follows:—
( a ) where the beneficiary died leaving a will or other testamentary writing, the said sum may be paid or distributed to or among such of the persons appearing to be beneficially entitled thereto under the said will or testamentary writing as the Minister thinks proper and that to the exclusion of all others, without prejudice to any remedy which such others may have for recovery of the sum so paid or distributed as aforesaid against the person or persons receiving that sum,
( b ) where the beneficiary died intestate, the said sum may be paid or distributed to or among such persons as appear to the Minister to be beneficially entitled thereto, whether as next-of-kin or otherwise according to law or as creditors (including any person entitled to be paid or repaid the funeral expenses of the beneficiary) or to or among such of the said persons as the Minister thinks fit and that to the exclusion of all others.
(3) The receipt of any person of the age of sixteen years or upwards for any sum paid in accordance with this article shall be a good discharge to the Minister for the sum so paid.
(4) Where the Minister is satisfied that any sum or part thereof payable under this article is needed for the benefit of any person under the age of sixteen, he may obtain a good discharge therefor by paying the sum or part thereof to a person over that age who satisfies the Minister that he will apply the sum so paid for the benefit of the person under the age of sixteen.
(5) The Minister upon making any payment in accordance with this article shall be discharged from all liability in respect of any sum or sums so paid.
15 Offences.
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paragraphs: A person who fails to comply with sub-article (2) of article 9 of sub-article (7) of article 10 of these Regulations shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding £1,000 and, in the case of a continuing offence, to a fine not exceeding £1,000 for each day on which the offence is continued.
PART V Application of Certain Provisions of the Act.
16 Application of the Act.
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paragraphs: The provisions of the enactments mentioned in the first column of the Schedule hereto shall apply to an allowance and in such application shall be modification so that the said provisions shall read as set out in the second column of the said Schedule.
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