Willie O'Dea (Limerick City, Fianna Fail) | Oireachtas source

I take the point about the time period. There are situations where a shorter period than 12 months should be provided for, exceptional though these may be. I wonder about the rationale behind this section. Every member will agree that it is difficult in practice now to get carer's allowance for whatever reason. I was in touch with the Department only yesterday regarding a case of a carer's allowance application which went through the initial process and the review. Both were unsuccessful and ultimately succeeded on appeal. I was attempting to ascertain from the Department to whom we should send a cheque because the unfortunate person being cared for has died in the meantime.

This section provides that for the first time in law - in so far as I am aware - it introduces a presumption. It presumes that somebody who applies for a carer's allowance is not eligible for it, unless he or she proves otherwise. I refer to the wording of the section 3(2) on page 5 which states, "For the purpose of the definition of "relevant person", a person shall not be regarded as requiring full-time care and attention unless". It introduces for the first time a presumption and it puts that presumption firmly on the shoulders of the unfortunate applicant who has enough to do in many cases looking after the sick relative or whoever it is. I agree with Deputy Ó Snodaigh. While I would like to think this was not intentional, I would like to think that nothing in the legislation would make it any more difficult to claim carer's allowance. In so far as I can make out from the remainder of the section, the basic conditions are not altered but for some reason which is a mystery to me, this presumption is introduced. We can argue about legalities and presumptions on one side or the other, but the only possible effect of this provision will be to make what is already a very difficult process, even more difficult.