S.I. No. 200/1991:

DISABLED PERSONS (MAINTENANCE ALLOWANCES) REGULATIONS, 1991.

DISABLED PERSONS (MAINTENANCE ALLOWANCES) REGULATIONS, 1991.

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 section 72 of the Health Act, 1970 (No. 1 of 1970 ) and section 69 of that Act (as amended by section 46 of Social Welfare Act, 1991 (No. 7 of 1991)) hereby makes the following Regulations:

1. These Regulations may be cited as the Disabled Persons (Maintenance Allowances) Regulations, 1991.

2. In these Regulations--

"the Act" means the Health Act, 1970 ;

" the Minister" means the Minister for Health;

"maintenance allowance" means an allowance payable by a health board under subsection (1) of section 69 of the Act;

"recipient" means a person who is in receipt of a maintenance allowance;

"Social Welfare payment" means a pension, benefit, assistance or allowance payable under the Social Welfare Act.

"spouse" means--

( a ) each person of a married couple who are living together, or

( b ) a man and woman who are not married to each other but are cohabiting as man and wife;

"adult dependant", in relation to a recipient, means any person who normally resides with, and is being wholly or mainly maintained by, the recipient and who is--

( a ) a spouse of the recipient other than a spouse who is entitled to, or is in receipt of, a Social Welfare payment (other than supplementary welfare allowance), or

( b ) a person over the age of 16 years having the care of one or more than one dependant child who normally resides with the recipient where that person is--

(i) a single person, or

(ii) a widow, or

(iii) a widower, or

(iv) a married person who is not living with and is neither wholly nor mainly maintaining, nor being wholly or mainly maintained by, such married person's spouse;

"dependant child" means a person under the age of 18 years or, in the case of a person receiving full-time instruction by day at any university, college, school or other educational establishment, under the age of 21 years who normally resides with, and is being wholly or mainly maintained by the recipient.

3. These Regulations shall come into operation on the 21st day of July, 1991.

4. (1) A health board on application being made to it, shall pay a maintenance allowance to a person being a person specified in section 69 of the Act, who is not (save in the case mentioned in sub-article (4) of this article) maintained in an institution and who by reason of a specified disability is, in the opinion of a medical officer of the health board authorised by that board to examine persons applying for or in receipt of maintenance allowance, 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 First Schedule to these Regulations or in a form substantially to the like effect.

(3) With effect from the 21st day of July, 1991, a maintenance allowance payable to a person in accordance with this article shall be a weekly allowance not exceeding the personal rate of the allowance specified in the Second Schedule to these Regulations, and increases not exceeding the amounts specified in the said Schedule shall be payable in respect of an adult dependant and each dependant child.

(4) Where a recipient is admitted to, and maintained in, an institution, the payment of the allowance may be continued by the health board for the period during which he is so maintained subject to a maximum of eight weeks from the date of commencement of such maintenance.

(5) Where an adult dependant or child dependant in respect of whom an increase is payable in accordance with this article is admitted to and maintained in an institution, the payment of such increase may be continued by the health board for the period during which he is so maintained subject to a maximum of eight weeks from the date of commencement of such maintenance.

(6) A maintenance allowance shall not be payable in accordance with this article to a person to whom an allowance is payable in accordance with the Disabled Persons (Rehabilitation) Regulations 1973 ( S.I. No. 186 of 1973 ).

(7) 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. In determining the amount of a maintenance allowance for a particular person, a health board shall have regard to the income of that person, the spouse of that person, and of all persons in respect of whom that person claims or is in receipt of an increase specified in the Second Schedule to these Regulations. In this regard full account shall be taken of all income arising by way of Social Welfare payment or any increase thereof in respect of a dependant (other than supplementary welfare allowance or carer's allowance).

6. In the case of spouses both of whom are entitled to be paid a maintenance allowance, the total amount payable to them shall not exceed the amount which would be payable if only one of them were entitled to be paid a maintenance allowance and the other were an adult dependent, and each of them shall be entitled to be paid one-half of the total amount.

7. Where one spouse is entitled to a maintenance allowance and the other is entitled to a Social Welfare payment, the total of the amount payable to them by way of such maintenance allowance and such payment (hereinafter called 'the relevant amount') shall not exceed the total amount of maintenance allowance or of such payment as the case may be, whichever is the greater (in this Article referred to as 'the greater amount') that would be payable if only one of them were in receipt of a maintenance allowance or Social Welfare payment, and the maintenance allowance or Social Welfare payment included an increase in respect of the other as an adult dependant; and if the relevant amount would but for this Article exceed the greater amount, the amount of the maintenance allowance payable to the spouse who is entitled to such allowance shall be reduced by the amount of the excess.

8. (1) A person who, on or after the 21st day of July, 1991, claims in respect of a period before the commencement of these regulations, a maintenance allowance of an amount to which he would not be entitled if Article 6 or 7 were applicable shall be entitled to be paid such allowance only in accordance with Article 6 or 7.

(2) A person who has not, before the 21st day of July, 1991, specifically claimed, in respect of a period before the making of these regulations, any additional amount for disabled persons maintenance allowance being an amount to which he would not be entitled to if Article 6 or 7 were applicable shall not be entitled to be paid the additional amount.

(3) In paragraph (2) of this Article "claimed' means claimed in writing from a health board or claimed in proceedings instituted against a health board in any court.

9. An amount properly paid to any person before the commencement of these regulations by way of a maintenance allowance which as a result of these regulations would be recoverable by a health board shall not be so recoverable.

10. Notwithstanding article 5 of these Regulations, a person in receipt of a maintenance allowance may earn up to £30 per week for employment which in the opinion of the health board is in the nature of rehabilitative employment and such earnings shall not be taken into account in calculating the amount of the maintenance allowance which would otherwise be payable.

11. Where immediately prior to a period of employment or training in an approved training centre, a person is in receipt of a maintenance allowance, payment of the allowance shall recommence following cessation of the period of employment or training if within the period of twelve months from the date of commencement of the training or employment that person is unable to continue in such employment or training and such inability is directly related to the person's disability.

12. Where a maintenance allowance is being paid--

( a ) the health board may, from time to time, require the recipient to furnish to it a certificate of a registered medical practitioner in relation to his disability in such form as the health board think fit,

( b ) the health board may, from time to time, make such enquiries as it thinks fit to ascertain whether the recipient remains a person who is specified in subsection (1) of section 69 of the Act, and

( c ) the recipient shall notify the health board of any change in his medical condition or any other circumstances, or those of his spouse or other dependents, material to his entitlement to the allowance.

13. The Disabled Persons (Maintenance Allowances) Regulations 1990 ( S.I. No. 193 of 1990 ) are hereby revoked.

FIRST 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.

Note: The nature of the condition

and the extent of the disability

should be described fully.

SECOND SCHEDULE

GIVEN under the Official Seal of the Minister for Health, this 19th

day of July, 1991.

RORY O'HANLON,

Minister for Health.

The Minister for Finance consents to these Regulations.

GIVEN under the Official Seal of the Minister for Finance, this 19th

day of July, 1991.

ALBERT REYNOLDS,

Minister for Finance.

EXPLANATORY NOTE.

The effect of these regulations is to amend the scheme of maintenance allowances payable under Section 69 of the Health Act, 1970 .

The regulations also provide for increases in the rates of allowances, with effect from 21 July, 1991.