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Internal Guidelines Used In Processing Claim

Table of Contents

Part 1
Description of Scheme
Information Leaflet
Legislation - Act
Legislation - Regulations Administration

Part 2 - Qualifying Conditions and a definition of the conditions.
Qualifying Conditions
Definition of Carer
Definition of person being cared for (relevant person)
Definition of an Institution
Conditions to be satisfied by a non-resident carer
Employment
Education / Training (Carer)
Education / Training (Person being cared for)
Circumstances where a carer may continue to be regarded as providing full-time care and attention
Jobseeker's Allowance / Benefit / Credits
Permanently resident in an Institution

Part 3 - Claim and Decision Process
How to Claim
Decision
Appeal Process
Rate of Payment
Method of Payment


Part 1

Description of Scheme

The Respite Care Grant is an annual payment for carers who look after certain people in need of full-time care and attention. The payment is made regardless of the carer's means but is subject to certain conditions.

The Minister announced the extension to the Respite Care Grant in Budget 2005.

Information Leaflet

Respite Care Grant, Information Leaflet - SW 113

Legislation - Act

Sections 224 to 226 of Part 5 of the Social Welfare Consolidation Act 2005, provides the main legislative basis for the annual Respite Care Grant.

Up to June 2005, the Respite Care Grant was payable only to persons who were in receipt of either Carer's Allowance or Carer's Benefit payments on the date that the Grant was payable (the first Thursday of June). The Social Welfare Consolidation Act 2005 amended the 1993 Act by, amongst other things, extending entitlement to the grant, subject to certain employment-related conditions, to all persons giving full-time care and attention to a person or persons requiring such care.

The legislation also confers power on the Minister for Social Protection to make regulations providing for the conditions and procedural requirements for entitlement to the Grant.

Legislation - Regulations

Articles 162 to 171 of Part 5 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007) provides for such matters as the:

  • date that the Grant is payable;
  • period for which the carer must provide full-time care and attention to the care recipient;
  • circumstances in which a carer is to be regarded as continuing to provide full-time care and attention;
  • conditions to be satisfied by carer who is not residing with the care recipient;
  • conditions under which a person may engage in employment or self-employment but continue to be regarded as providing full-time care and attention;
  • requirements as to the medical certification of the care recipient; and
  • the time limit for application.
Administration

The scheme is administered by Department of Social Protection, Gandon House, Amiens St, Dublin 1.

Part 2 - Qualifying Conditions and a definition of the conditions.

Qualifying Conditions

Carer must:

  • be aged 16 or over
  • be ordinarily resident in the State
  • care for the person on a full-time basis
  • care for the person for at least six months. This period of care must include the first Thursday in June
  • live with the person they are looking after or can be contacted quickly by
  • a direct system of communication (for example, a telephone or alarm)
  • between their home and the home of the person they are caring for
  • not be employed or self employed outside the home for more than 15 hours per week
  • not be attending a training or educational course for more than 15 hours per week,
  • not be in receipt of Jobseeker's Benefit or Allowance or be signing for credits
  • not be living in a hospital, convalescent home or other similar institution
  • be fit to care.
Definition of Carer

'carer' means a person ordinarily resident in the State who has attained the age of 16 years and who-

  1. is in receipt of or entitled to a carer's benefit or allowance, or
  2. is a prescribed relative in respect of whom an allowance is payable  (This allowance preceded the introduction of the Carer’s Allowance scheme. It was payable in respect of a relative (specified in legislation) of a social welfare pensioner, who was living with and providing fuill-time care and attention to the pensioner. No new claims for this allowance have been accepted since the introduction of Carers in 1990). 
  3. is providing full-time care and attention to a person who is in receipt of an increase of disablement pension in respect of the need for constant attendance, or
  4. resides with or has provided, is providing or is likely to provide full-time care and attention for such periods and on such date as may be prescribed to a relevant person, or
  5. subject to te conditions and in the circumstances that may be prescribed, does not reside with but has provided, is providing or is likely to provide full-time care and attention for such periods and on such a date as may be prescribed to a relevant person
Definition of person being cared for (relevant person)

'relevant person' means a person who is ordinarily resident in the State and is so incapacitated that he or she requires full-time care and attention.

A relevant person shall be regarded as requiring full time care and attention where-

  1. the person is so incapacitated that he or she requires from another person-
    (i) continual supervision and frequent assistance throughout the day in connection with normal bodily functions, or
    (ii) continual supervision in order to avoid danger to himself or herself, and
  2. the nature and extent of the person's incapacity has been certified in the prescribed manner by a medical practitioner.

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.

Definition of an institution

'Institution' means a hospital, convalescent home or home for people suffering form physical or mental disability or ancillary accommodation, nursing home for the care and maintenance of dependent elderly people or any other similar establishment providing residence, maintenance care;

Conditions to be satisfied by a non-resident carer

The carer must show the following:

  • Providing care and attention on a full-time basis
  • Have a system of communication between their home and the home of the person they are caring for, for example, telephone or alarm system.
  • The person being cared for is not receiving full-time care and attention in their own home from another person.
Employment

The carer may be employed or self-employed outside the home for up to 15 hours per week.

Employment must be cleared with the Department.

Adequate care must be arranged by the carer for the person being cared for during any absence for work or training.

Education / Training (Carer)

The carer may attend an educational or training course or take up voluntary or community work for up to 15 hours per week.

Adequate care must be arranged by the carer for the person being cared for during any absence for work or training.

Note: The aggregate of such employment or self-employment or course of training/education cannot exceed 15 hours per week.

Education / Training (Person being cared for)

The person being cared for may attend a non-residential course of rehabilitation training or non-residential day care centre approved by the Minister for Health and Children.

Circumstances where a carer may continue to be regarded as providing full-time care and attention

A carer may be regarded as providing full-time care and attention to a relevant person where:

  1. The carer is undergoing medical or other treatment of a temporary nature in an institution for a period or periods amounting to not more than 13 weeks or where:

The relevant person:

  1. is undergoing temporary medical or other treatment of a temporary nature in an institution or
  2. is attending a non-residential course of rehabilitation training provided by an organization (being an organization recognized by the Minister for Health and Children for the purposes of the provision of such training) or
  3. is attending a non-residential place of day care approved by the Minister for Health and Children or
  4. is temporarily being cared for, or temporarily residing with, another person, for a period or periods amounting to not more than 13 weeks.
Jobseeker's Allowance / Benefit / Credits

The carer will not qualify for Respite Care Grant if he or she is entitled to or claiming Jobseeker's Allowance or Benefit, or signing for Jobseeker's Credits.

Permanently resident in an institution

The carer will not qualify for Respite Care Grant if the person being cared for is permanently resident in an institution.

Part 3 - Claim and Decision Process

How to Claim

The carer should complete the Respite Care Grant application form RCG 1.

The application form is divided into 4 parts.

Part 1 deals with the carer's details and contains a certification of hours worked to be completed by an employer (or by an accountant where the person is self-employed) where the carer is employed outside the home.

Part 2 deals with the details of the person being cared for. A supplementary form RCG1 (a) should be completed for each subsequent cared for person.

Part 3 is a checklist for the carer to refer to before submitting an application

Part 4 deals with the medical certification for the person(s) being cared for. Section A is the authorisation by the person being cared for, allowing their doctor to give medical details to the Department. This authorisation must be signed by or on behalf of the person being cared for. Section B is the medical report and must be completed by the doctor of the person being cared for.

Decision Process

When an application form is received in the section, it will be checked to ensure that all necessary information is received. The claim will be registered on the system, the medical report forwarded to the Medical Assessor to determine if full-time care and attention is required. Following the decision by the Medical Assessor, a deciding officer will determine if all other conditions are met and allow or refuse the grant accordingly.

Appeal Process

If the carer does not agree with the decision on their application, they may appeal against it. Any appeal must be made in writing within 21 days of the date of decision, stating clearly the reason for their appeal.

Rate of Payment

The Respite Care Grant is €1,375 per person being cared for. Applications for the grant for a given year may be made up to 31 December of the following year.

Method of Payment

Payment is made by cheque following the first Thursday in June each year.


Last modified:23/05/2014
 

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