Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 15) (Carers) Regulations 2021.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 15) (Carers) Regulations 2021.
(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2021 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2021.
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paragraphs: In these Regulations “Principal Regulations” means the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 ).
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paragraphs: Article 3 of the Principal Regulations is amended by the insertion of the following definitions:
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paragraphs: The Principal Regulations are amended –
(a) by the substitution of the following article for article 56:
“Circumstances in which carer is to be regarded as providing full-time care and attention.
56. A carer may, for the purposes of Chapter 14 of Part 2, be regarded as providing full time care and attention to a relevant person where–
(a) that carer would qualify for payment of benefit but for the fact that either the carer or the relevant person is undergoing medical or other treatment of a temporary nature in an institution for a period of not longer than 13 weeks, or
(b) the relevant person is attending –
(i) a non residential course of rehabilitation training provided by an organisation (being an organisation recognised by the Minister for Health and Children for the purposes of the provision of such training), or
(ii) a non residential place of day care approved by the Minister for Health and Children,
and
(c) that carer provides care for not less than 35 hours in a period of 7 consecutive days, and care is provided on any 5 days, whether consecutive or not, within a period of 7 consecutive days.”,
(b) in article 57 by the deletion of “outside the home” in each place where it occurs,
(c) by the insertion of the following article after article 57:
“57A Conditions and circumstances under which a carer on leave from employment shall satisfy the condition on engagement in remunerative full-time employment as an employed contributor.
57A. (1) The condition specified in section 100(1)(a) shall be regarded as being satisfied in respect of a person who was absent from his or her employment within the relevant period referred to in section 100(1)(a), by reason of being on such leave as:
(a) adoptive leave,
(b) health and safety leave,
(c) maternity leave,
(d) parental leave,
(e) parent’s leave, or
(f) paternity leave,
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.
(2) The relevant period in sub-article (1) shall be the period of 26 weeks prior to the relevant period of 26 weeks under section 100(1)(a), or a period which comprises two or more periods which, taken together, amount to a period of 26 weeks) in the 52 weeks prior to the relevant period of 26 weeks under section 100(1)(a).”, and
(d) in sub-article (6) of article 181 by the substitution of the following paragraphs for paragraph (a):
“(a) the number of hours worked by the employee in that employment in such periods as may be specified by the said officer,
(aa) the amount of the claimant’s gross earnings derived from that employment in respect of any period,
(ab) certification that the claimant has availed of -
(i) adoptive leave,
(ii) health and safety leave,
(iii) maternity leave,
(iv) parental leave,
(iv) parent’s leave, or
(v) paternity leave,
as the case may be, and the periods of such leave, and”.
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paragraphs: The Principal Regulations are amended –
(a) in article 167 by the substitution of the following paragraphs for paragraph (d):
“(d) for the purposes of carer’s support grant payable in respect of full time care and attention provided on or after 1 June 2006, the carer is undertaking such training or course of education as the Minister may determine from time to time, subject to the limits with respect to duration imposed by article 169,
and
(e) the number of hours providing such care is not less than 35 hours in a period of 7 consecutive days, and care is provided on any 5 days, whether consecutive or not, within a period of 7 consecutive days.”, and
(b) by the substitution of the following article for article 169:
“Conditions and circumstances under which a carer may engage in employment, self employment, training and education.
169. For the purposes of a carer’s support grant payable in respect of full time care and attention provided on or after 1 June 2006, where it is shown to the satisfaction of a deciding officer or an appeals officer that adequate provision has been made for the care of the relevant person, a carer may engage in employment or self employment or any training or course of education provided that the aggregate duration of such employment or self employment and any training or course of education referred to in article 167(d) shall not exceed 18.5 hours per week.”.
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paragraphs: Article 3 of the Social Welfare (Consolidated Claims, Payment and Control) (Amendment) (No. 8) (Earnings Disregard) Regulations 2021 ( S.I. No. 78 of 2021 ) is amended by the substitution of the following paragraph for paragraph (b):
“(b) in article 150(3)(e) (as amended by article 4(b) of Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Earnings Disregard) Regulations 2019 ( S.I. No. 42 of 2019 )) by the substitution of ‘140’ for ‘120’.”