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3 1999

SOCIAL WELFARE ACT, 1999

PART III

Carers

Extension of definitions.

10. —Section 163 (1) of the Principal Act is hereby amended by—

(a) the substitution for the definition of “relevant pensioner” (inserted by section 12 (1) of the Act of 1995) of the following definition:

“‘relevant person’ means a person (other than a person in receipt of an increase of disablement pension under section 57 in respect of constant attendance) who is so incapacitated as to require full-time care and attention, and who—

(a) has attained the age of 16 years, or

(b) is under the age of 16 years and is a person in respect of whom an allowance is paid for domiciliary care of handicapped children under section 61 of the Health Act, 1970 ;”,

and

(b) the substitution for the definition of “carer” of the following definition:

“‘carer’ means—

(a) a person who resides with and provides full-time care and attention to a relevant person, or

(b) a person who, subject to such conditions and in such circumstances as may be prescribed, does not reside with but who provides full-time care and attention to a relevant person.”.

Respite care grant.

11. —The Principal Act is hereby amended by the insertion after section 168 of the following section:

“Respite care grant.

168A.—(1) A grant (in this section referred to as a ‘respite care grant’) of £200, or such higher amount as may be prescribed, shall be paid to a relevant carer each year in respect of the cost of respite care.

(2) In this section a ‘relevant carer’ means a person who is—

(a) a carer who is entitled to or in receipt of carer's allowance under this Chapter,

(b) a prescribed relative within the meaning of section 163 and in respect of whom an allowance is payable under section 167, or

(c) providing full-time care to a person who is in receipt of an increase of disablement pension under section 57 in respect of the need for constant attendance.

(3) Regulations made under this section shall prescribe—

(a) the date in each year on which a respite care grant shall become payable to a relevant carer, and

(b) the evidence to be submitted by a relevant carer to whom subsection (-5)9c) applies, to show that the carer is on that date providing the care referred to in that paragraph.”.

Assessment of means — improvements.

12. —Part II of the Third Schedule to the Principal Act is hereby amended by—

(a) the deletion in Rule 1(4) of subparagraph (b) (inserted by section 10(-5)9b) of the Act of 1998),

(b) the insertion after paragraph (6) of Rule 1 of the following paragraph:

“(7) In the case of carer's allowance, in calculating the weekly means of a carer who is not one of a couple (other than means derived from a social security payment payable under the legislation of another state), such amount as may be prescribed shall be disregarded,”,

and

(c) the substitution for paragraph (1A) (inserted by section 12(2) of the Act of 1995) of Rule 4 of the following paragraphs:

“(1A) In the case of carer's allowance, in calculating the weekly means of the other member of the couple for the purposes of paragraph (1) the following shall be disregarded—

(a) an amount, not exceeding, the maximum amount set out in column (2), reference 3 of Part I of the Second Schedule, of a social security payment payable under the legislation of another state, and

(b) an amount, not exceeding half the amount set out in column (4), reference 3 of Part I of the Second Schedule, of a social security payment payable under the legislation of another state in respect of each qualified child for which an increase is granted under section 165(1) (as amended by section 23 of the Act of 1997).

(1B) In the case of carer's allowance, in calculating the weekly means of the couple (other than means derived from a social security payment payable under the legislation of another state), such amount as may be prescribed shall be disregarded.”.

Amendments consequential on section 10 .

13. —Each provision of the Principal Act mentioned in column (1) of Schedule C to this Act is hereby amended in the manner specified in column (2) of that Schedule opposite the mention of that provision in column (1).

Commencement (Part III).

14. —This Part shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.