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Social Welfare Code.

Dáil Éireann Debate, Tuesday - 11 March 2008

Tuesday, 11 March 2008

Questions (254)

Denis Naughten

Question:

331 Deputy Denis Naughten asked the Minister for Social and Family Affairs if under the social welfare rules the deceased person’s social welfare payment is payable for six weeks after death, if the next of kin is in receipt of the carer’s benefit; the specific definition in the regulations defining a carer; the plans he has to review this definition; and if he will make a statement on the matter. [10532/08]

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Written answers

Under the social welfare rules where a person in receipt of a payment dies, the payment may continue to the spouse or partner for a period of six weeks after death. The same applies where a person for whom an increase in payment is being made dies, for example, a spouse/partner or child. In these circumstances, that increase in payment continues to be paid to the main claimant for six weeks.

For persons in receipt of carer's allowance or carer's benefit, payment of the carer's allowance or carer's benefit continues to be made for a period of 6 weeks after the date of death of the care recipient. A bereavement grant may also be payable. However, where the carer is not the spouse or partner of the person who dies, they will receive only their carer's allowance or carer's benefit and not the deceased person's payment.

The definition of carer for the purposes of carer's allowance is set out in section 179 of the Social Welfare Consolidation Act 2005. For the purposes of the scheme a carer is defined as:

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

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

A "relevant person" means a person (other than a person in receipt of an increase of disablement pension under section 78 of 2005 Consolidation Act in respect of constant attendance) who has such a disability that he or she requires 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 children under section 61 of the Health Act 1970.

I have no plans to review this definition at present. However, I will keep the supports for carers from my Department under review in order to continue to improve the schemes and ensure commitments on income support are delivered.

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