S.I. No. 142/1963:

DISABLED PERSONS (MAINTENANCE ALLOWANCES) REGULATIONS, 1963.

DISABLED PERSONS (MAINTENANCE ALLOWANCES) REGULATIONS, 1963.

The Minister for Health, in exercise of the powers conferred on him by section 5 of the Health Act, 1947 (No. 28 of 1947), and by subsection (5) of section 50 of the Health Act, 1953 (No. 26 of 1953), hereby makes the following Regulations:--

1. These Regulations may be cited as the Disabled Persons (Maintenance Allowances) Regulations, 1963.

2. These Regulations shall come into operation on the 1st day of August, 1963.

3. In these Regulations--

"the Act" means the Health Act, 1953 ;

"the Minister" means the Minister for Health;

"maintenance allowance" means an allowance payable by a health authority under subsection (5) of section 50 of the Act.

4. (1) A health authority shall, on application being made to them, pay a maintenance allowance to a person (being a person specified in subsection (6) of section 50 of the Act) who is not maintained in an institution and who by reason of a specified disability is, in the opinion of the chief medical officer of the health authority or of any other medical officer of the health authority authorised by that authority to examine persons applying for or in receipt of maintenance allowances, substantially handicapped in undertaking work of a kind which, if he were not suffering from that disability, would be suited to his age, experience and qualifications.

(2) An application for the payment of a maintenance allowance in accordance with this article shall be accompanied by a certificate of a registered medical practitioner in the form set out in the Schedule to these Regulations or in a form substantially to the like effect.

(3) A maintenance allowance payable in accordance with this article shall:

(a) during the period up to 31st October, 1963, be at a rate not exceeding one pound, five shillings per week and

(b) on and after 1st November, 1963, be at a rate not exceeding one pound, seven shillings and six pence per week.

(4) A maintenance allowance shall not be payable in accordance with this article to a person to whom an allowance is payable in accordance with article 5 of these Regulations.

(5) In this article, "specified disability" means an injury, disease, congenital deformity or physical or mental illness or defect, which has continued or may reasonably be expected to continue for at least one year from its onset.

5. (1) A health authority shall, on application being made to them, pay a maintenance allowance to a person (being a person specified in subsection (6) of section 50 of the Act) who is receiving training for employment suitable to his condition of health under subsection (1) of section 50 of the Act in accordance with the provisions of the Disabled Persons (Rehabilitation) Regulations, 1963 ( S.I. No. 141 of 1963 ), or any arrangement made thereunder.

(2) A maintenance allowance payable in accordance with this article shall be at such rate as may be determined by the health authority, subject to any directions issued by the Minister.

6. In determining the amount of a maintenance allowance for a particular person, a health authority shall have regard to the means of that person other than income from public assistance.

7. Where a maintenance allowance is being paid to a person--

(a) the health authority may, from time to time, require that person to furnish to them a certificate of a registered medical practitioner in relation to his disability in such form as the health authority think fit;

(b) the health authority shall, from time to time, make such enquiries as they think fit to ascertain whether that person remains a person who is specified in subsection (6) of section 50 of the Act; and

(c) that person shall notify the health authority of any change in his medical condition or any circumstances or those of his relatives (within the meaning of subsection (6) of section 50 of the Act) material to his entitlement to the allowance.

8. The Disabled Persons (Maintenance Allowances) Regulations, 1960 ( S.I. No. 261 of 1960 ) and the Disabled Persons (Maintenance Allowances) (Amendment) Regulations, 1962 ( S.I. No. 133 of 1962 ) shall be revoked as from the commencement of these Regulations.

SCHEDULE.

Form of Certificate relating to Disability.

I have on ......................................... examined...................... of ........................

in the county/county borough of ............................................................ ...............

He/She is suffering from*............................................................ .........................

I expect this disability to last for at least one year from its onset. I certify that, by reason of this disability, he/she is substantially handicapped in undertaking work of a kind which, if he/she were not suffering from that disability, would be suited to his/her age, experience and qualifications.

Signature of Registered

Medical Practitioner __________________________

Address ___________________________________

Date ___________________________________

*Note: The nature of the condition and the extent of the disability should be described fully.

GIVEN under the Official Seal of the Minister

for Health this 23rd day of July, 1963.

SEÁN MACENTEE,

Minister for Health.

The Minister for Finance consents to these Regulations.

Dated this 23rd day of July, 1963.

SÉAMAS Ó RIAIN,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations replace the present Regulations on the payment of allowances to disabled persons under section 50 (5) of the Health Act, 1953 . The new Regulations increase the maximum rate for ordinary allowance to 27/6d. per week from 1st November, 1963, and provide for the payment of allowances at special rates for persons receiving training for employment in accordance with the Disabled Persons (Rehabilitation) Regulations, 1963.