Pearse Doherty (Donegal South West, Sinn Fein)
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Question 530: To ask the Minister for Social Protection if she will detail any regulations issued by her office or that of her predecessors arising from Section 99(3) of the Social Welfare Consolidation Act 2005, specifying the circumstances and conditions under which a person is regarded as providing full-time care and attention to a relevant person. [18054/12]

Joan Burton (Dublin West, Labour)
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Section 99(3) of the Social Welfare Consolidation Act 2005 which relates to carer's benefit states that the Minister may make regulations specifying the circumstances and conditions under which a person is to be regarded as providing full-time care and attention to a relevant person.

The then Minister made Regulations in 2007 - Social Welfare (Consolidated Claims, Payments and Control Regulations 2007 (S.I. 142 of 2007) that relate to Section 99(3) of the Social Welfare (Consolidation) Act 2005. Article 56 of these Regulations outlines the circumstances and conditions under which a carer is to be regarded as providing full-time care and attention to a relevant person.

Article 56 states: "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, continue to be regarded as providing full-time care and attention to a relevant person where that carer –

(a) 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."