Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No.6) (Carerâs Allowance) Regulations 2021.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: (1) These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Carer’s Allowance) 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.
num: 2
paragraphs: The Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 ) are amended –
(a) in article 132 –
(i) by the substitution of “136(1)(d) ” for “136(c)”, and
(ii) by the deletion of “outside his or her home”,
and
(b) by the substitution of the following articles for article 136:
num: 136
paragraphs: (1) For the purposes of Chapter 8 of Part 3 of the Principal Act and this Chapter, a carer may –
(a) continue to be regarded as providing full-time care and attention to a relevant person where he or she would qualify for payment of an allowance 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 not longer than 13 weeks,
(b) continue to be regarded as providing full-time care and attention to a relevant person where –
(i) subject to subparagraph (ii), he or she would qualify for payment of an allowance but for the fact that the relevant person has been permanently admitted to an institution, and
(ii) the maximum period for payment of the allowance, under subparagraph (i), does not exceed 12 weeks,
(c) be regarded as providing full-time care and attention to a relevant person where 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 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
(d) be regarded as providing full-time care and attention to a relevant person where, subject to sub-article (2), 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, and may –
(i) engage in employment,
(ii) engage in self-employment, or
(iii) undertake such training or courses of education as the Minister may from time to time determine,
and
(e) be regarded as providing full-time care and attention to a relevant person, where 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.
(2) The aggregate duration of the activities referred to in subparagraphs (i), (ii) and (iii) of sub-article (1)(d) shall not exceed 18.5 hours per week.
136A. A payment under section 186A, in these regulations referred to as a ”Half-Rate Carer’s Allowance“, may be made to a carer who –
(a) is not a person to whom subsection 186A(5)(d) refers,
(b) has attained the age of 18 years,
(c) is not resident in an institution, and
(i) is a person entitled to or is in receipt of any benefit, pension, assistance or allowance under Part 2 or Part 3 of the Principal Act, or
(ii) is the spouse, civil partner or cohabitant of a person who is entitled to or is in receipt of any benefit, pension, assistance or allowance under Part 2 or Part 3 of the Principal Act (other than Supplementary Welfare Allowance under section 197), and, in respect of whom an increase for a qualified adult is in payment.
136B. (1) A carer in receipt of a Half-Rate Carer’s Allowance may, for the purposes of section 186A and this Chapter, and subject to sub-article (2), engage in employment, self-employment, education or training, 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.
(2) The aggregate duration of the employment, self-employment, education or training referred to in sub-article (1) shall not exceed 18.5 hours per week.”.