S.I. No. 186 of 2005

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 2) (HOMEMAKERS) REGULATIONS 2005

S.I. No. 186 of 2005

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO.2) (HOMEMAKERS) REGULATIONS 2005

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 4 (as amended by section 12 of the Social Welfare (Miscellaneous Provisions) Act 2002 ( section 22 of the Social Welfare and Pensions Act 2005 (No. 4 of 2005)) and section 205(1) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), hereby makes the following Regulations:

Citation and construction.

1.  (1)  These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No.2) (Homemakers) Regulations 2005.

(2)  These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2005 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2005.

Definitions.

2.  In these Regulations “the Principal Regulations” means the Social Welfare (Consolidated Payments Provisions) Regulations 1994 ( S.I. No. 417 of 1994 ).

Conditions to be satisfied by non-resident homemaker.

3.  The Principal Regulations are amended by inserting the following after article 36:

“Conditions to be satisfied by non-resident homemaker.

36A.  (1)  Subject to sub article (2) the conditions prescribed for the purposes of paragraph (c) (iii) of the definition of ‘homemaker’ contained in section 83(2) are that -

(a)  a direct system of communication must exist between the homemaker's residence and that of the relevant person, and

(b)  the relevant person is not already receiving full time care and attention within his or her own residence from a person other than the applicant.

(2)  For the purposes of paragraph (a) of sub article (1) a system of communication shall include a telephone or alarm system.

(3)  For the purposes of this article ‘relevant person’ has the meaning given to it by section 163.”

Prescribed time for making application to be regarded as a homemaker.

4.  The Principal Regulations are amended in article 102A by substituting the following for sub article (2) (amended by article 2 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Homemakers) Regulations 2000 (S.I. 82 of 2000)):

“(2)  Where a person has commenced as a homemaker on or after the 6th day of April, 1994 and not later than the 31st day of December, 2004, an application to be regarded as a homemaker shall be made not later than the 31st day of December, 2005.”.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations detail the conditions to be satisfied by non-resident homemakers.

In addition, these Regulations extend the time limit within which an application to become a Homemaker for the purposes of Old Age (Contributory) Pension may be made. The new registration deadline for an applicant who commenced homemaking during the period 6th April 1994 to 31 December 2004, is 31 December 2005.