Social Welfare (Consolidated Claims, Payments And Control) (Amendment) (No. 2) (State Pension (Contributory)) Regulations 2019.
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. 2) (State Pension (Contributory)) Regulations 2019.
(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2019 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2019.
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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: The Principal Regulations are amended–
(a) in article 59 by the insertion of the following definitions:
“ ‘aggregated contributions method’ has the meaning assigned to it by section 108(2);
‘home caring period’ has the meaning assigned to it by section 108(2);”,
(b) by the insertion of the following articles after article 60:
“Home carers
60A. Subject to articles 60C and 60D, a person shall, for the purpose of section 108(2) of the Act, be regarded as a home carer—
(a) for any week that person, being over the age of 16 years, is or was residing with and exercising full parental responsibility for a child under the age of 12 years,
(b) for any week that person is or was in receipt of carer’s benefit, carer’s allowance or domiciliary care allowance,
or
(c) or any week that person, being over the age of 16 years, is or was providing continuous supervision and regular assistance throughout the day to a person aged 12 years or over with the activities of daily living, including, but not limited to, those linked to personal care, food provision and nursing care, subject to the person receiving the assistance not receiving full time assistance within his or her own residence from a person other than the applicant, for the week in question.
Classes of person in respect of whom a home carer may provide care
60B. Subject to articles 60C and 60D, the following persons shall be regarded as persons to whom continuous supervision and regular assistance may be provided by a home carer:
(a) a child under the age of 12 years at the time of the provision of the home care,
(b) a person, in respect of whom carer’s benefit, carer’s allowance or domiciliary care allowance is or was payable at the time of the provision of the home care,
or
(c) a person aged 12 years or over requiring continuous supervision and regular assistance throughout the day with the activities of daily living, including, but not limited to, assistance with personal care, food provision and nursing care, at the time of the provision of the home care.
Circumstances in which a home carer may be regarded as providing continuous supervision and regular assistance
60C. (1) A home carer may be regarded as providing continuous supervision and regular assistance to a person where—
(a) either the home carer, or the person to whom continuous supervision and regular assistance is or was being provided, is or was undergoing medical or other treatment of a temporary nature in an institution for a period not longer than 13 weeks,
(b) the person to whom continuous supervision and regular assistance is or was being provided is or was attending—
(i) a non-residential course of rehabilitation training provided by an organisation (being an organisation recognised by the Minister for Health for the purposes of the provision of such training), or
(ii) a non-residential place of day care approved by the Minister for Health, or
(c) subject to sub-article (2), where it is shown to the satisfaction of the Minister that adequate provision is being made or was made, as the case may be, for the care of the person to whom continuous supervision and regular assistance is or was being provided,
the home carer —
(i) may engage or have engaged, as the case may be, in employment,
(ii) may engage or have engaged, as the case may be, in self-employment, or
(iii) may undertake or have undertaken such training or courses of education, as the case may be, as the Minister may from time to time determine, or as the case may be, have so previously determined.
(2) The aggregate duration of the activities outside the home referred to in subparagraphs (i), (ii) and (iii) of sub-article (1)(c) shall not exceed 15 hours per week.
(3) In this article, “institution” means–
(a) a hospital, convalescent home or home for persons suffering from physical or mental disability, or accommodation ancillary thereto, and any other similar establishment providing residence, maintenance or care for the persons therein,
or
(b) a private dwelling wherein a person is boarded out under an arrangement with the Executive.
Application to be regarded as a home carer.
60D. Other than in the case of a person who is entitled to or in receipt of carer’s benefit, carer’s allowance or domiciliary care allowance, an application to be regarded as a home carer for the purposes of section 108(2) shall be made in the manner approved by the Minister.
Evidence demonstrating the nature, extent and duration of home caring
60E. A person who makes application to be regarded as a home carer for the purposes of section 108(2) shall furnish such certificates, documents, information and evidence as may be required by the Minister for the purposes of deciding such application.“,
(c) by the insertion of the following article after article 62B:
“Aggregated contributions method – increase for qualified adult
62C. (1) In the case of a claimant who, in accordance with section 109(6B), has their pension calculated under the aggregated contributions method, any increase payable under section 297 shall be–