S.I. No. 361/1989:

SOCIAL WELFARE (PRESCRIBED RELATIVE ALLOWANCE) REGULATIONS, 1989.

SOCIAL WELFARE (PRESCRIBED RELATIVE ALLOWANCE) REGULATIONS, 1989.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3, 81 (3), 86 (3), 91 (3), 95 (2), 103 (2), 162 (1) (a), 170 (4), 179 (6), 189 (3), 195, 196 and 197 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981 ), sections 50 (11) and 51 (2) of that Act (as inserted by the Social Welfare (Amendment) Act, 1981 (No. 3 of 1981)) and sections 112 (3) (d), 198A and 198B of that Act (as inserted by the Social Welfare Act, 1989 (No. 4 of 1989)), hereby makes the following Regulations:--

1. These Regulations may be cited as the Social Welfare (Prescribed Relative Allowance) Regulations, 1989.

2. In these Regulations--

"the Principal Act" means the Social Welfare (Consolidation) Act, 1981 ;

"a prescribed relative allowance" means an increase in a relevant payment in respect of a prescribed relative;

"relevant payment" means--

(i) any benefit specified under section 17 (1) of the Principal Act, other than disability benefit, maternity allowance, unemployment benefit, injury benefit, disablement benefit, unemployability supplement, death benefit by way of orphan's pension, orphan's (contributory) allowance or death grant,

(ii) any assistance specified under section 134 (1) of the Principal Act, other than unemployment assistance, pre-retirement allowance, single woman's allowance or supplementary welfare allowance.

3. Social Welfare (Prescribed Relative) Regulations, 1972 ( S.I. No. 248 of 1972 ), the Social Welfare (Prescribed Relative) (Amendment) Regulations, 1973 ( S.I. No. 206 of 1973 ), the Social Welfare (Prescribed Relative) (Amendment) Regulations, 1974 ( S.I. No. 26 of 1974 ) and the Social Welfare (Prescribed Relative) (Amendment) (No. 2) Regulations, 1974 ( S.I. No. 221 of 1974 ) are hereby revoked.

4. The following persons are hereby specified to be prescribed relatives for the purposes of payment of a prescribed relative allowance--

a brother, a half-brother, a son, a step-son, a grand-son, a son-in-law, a brother-in-law, a nephew, a sister, a half-sister, a daughter, a step-daughter, a grand-daughter, a daughter-in-law, a sister-in-law and a niece.

5. The following conditions shall be fulfilled by a prescribed relative for the purposes of payment of a prescribed relative allowance--

( a ) the prescribed relative shall not be engaged in employment outside the home of the person to whom full-time care and attention is being provided,

( b ) the prescribed relative shall not be in receipt of or entitled to--

(i) unemployment assistance, pre-retirement allowance or any benefit specified under section 17 (1) of the Principal Act, other than disablement benefit or death grant, or

(ii) old age pension, widow's (non-contributory) pension, deserted wife's allowance, prisoner's wife's allowance, social assistance allowance, single women's allowance, widower's (non-contributory) pension or deserted husband's allowance, where such pension or allowance is or would be equal to or greater than the prescribed relative allowance, and

( c ) the prescribed relative shall not be a married person who is being wholly or mainly maintained by his or her spouse.

6. The following conditions shall be fulfilled by the person to whom the full-time care and attention is being provided--

( a ) he shall be living alone, and, for the purposes of this paragraph, the residence of--

(i) the prescribed relative,

(ii) children under the age of 18, or

(iii) persons aged 18 or over who are mentally or physically incapacitated.

shall be disregarded, and

( b ) he shall not be in receipt of a payment in respect of need for constant attendance under section 46 of the Principal Act.

7. (1) Subject to sub-article (2), a prescribed relative allowance shall be paid directly to the prescribed relative. scribed relative.

(2) Where, on the commencement of these Regulations, a prescribed relative allowance is being paid, the person to whom such allowance is being paid shall continue to receive the allowance unless he applies to the Minister for payment to be made directly to the prescribed relative.

8. (1) Section 179 (a) of the Principal Act shall apply to a deserted wife's allowance, a prisoner's wife's allowance and a social assistance allowance and in such application--

( a ) any reference to "pension" shall be construed as including a deserted wife's allowance, a prisoner's wife's allowance or a social assistance allowance, as the case may be, and

( b ) any reference to a "widow" shall be construed as including a reference to a recipient of a deserted wife's allowance, a prisoner's wife's allowance or a social assistance allowance, as the case may be.

(2) Paragraph (d ) of subsection (3) of section 112 of the Principal Act shall apply to an old age pension, a widow's (non-contributory) pension, a deserted wife's allowance, a prisoner's wife's allowance and a social assistance allowance and in such application that paragraph shall be construed as including a reference to sections 162 (1) (a), 179 (a) and 179 (a) (as applied and modified by these Regulations).

GIVEN under the Official Seal of the Minister for Social Welfare

this 27th day of December, 1989.

MICHAEL WOODS,

Minister for Social Welfare.

EXPLANATORY NOTE.

The Social Welfare (Consolidation) Act, 1981 provides that an increase in certain social welfare payments may be paid where a beneficiary is incapacitated and is receiving full-time care and attention from a prescribed relative. This increase, which is known as a prescribed relative allowance, is payable to recipients of social welfare pensions who are aged over 66 years and to recipients of invalidity and blind pensions, regardless of their age.

These regulations provide that in the case of all new claims the prescribed relative allowance will be paid directly to the prescribed relative. The regulations also provide that existing recipients will continue to receive the allowance, unless they apply to the Minister for payment to be made directly to the prescribed relative.

These regulations also consolidate the existing provisions relating to the prescribed relative allowance which specify--

( a ) the persons to be regarded as prescribed relatives,

( b ) the conditions to be fulfilled by the pensioner, and

( c ) the conditions to be fulfilled by the prescribed relative,

for the purposes of qualifying for payment of a prescribed relative allowance.