S.I. No. 297/1996:

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 6) REGULATIONS, 1996

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 6) REGULATIONS, 1996

The Minister for Social Welfare in exercise of the powers conferred on him by section 4 (as amended by section 37 of the Social Welfare Act, 1996 (No. 7 of 1996)), 191B and 191D (inserted by section 13 of the Social Welfare Act, 1996 ), 205, 206, 207 and 209 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) and paragraph (2) (t) of Rule 1 (inserted by section 15 of the Social Welfare Act, 1996 ) of Part I of the Third Schedule to the said Act, hereby makes the following Regulations:--

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) Regulations, 1996.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1996 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1996.

2. In these Regulations--

"the Principal Regulations" means the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 ); and

"the Regulations of 1996" means the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) Regulations, 1996 ( S.I. No. 189 of 1996 ).

3. These Regulations shall come into operation on the 2nd day of October, 1996.

4. Part III of the Principal Regulations is hereby amended by the insertion after Chapter 6 of the following Chapter:

"CHAPTER 6A

Disability Allowance

Specified disability.

86A. For the purposes of section 191B, a person shall be regarded as being substantially handicapped in undertaking suitable employment by reason of a specified disability where he suffers from an injury, disease, congenital deformity or physical or mental illness or defect which has continued or, in the opinion of a deciding officer or an appeals officer, may reasonably expect to continue for a period of at least 1 year:

Provided that he shall not be so regarded where it is subsequently shown to the satisfaction of a deciding officer or an appeals officer that he is no longer likely to continue to be substantially handicapped for a period of at least 1 year.

Disqualification.

86B. A person shall be disqualified for receiving disability allowance if and so long as he fails without good cause to satisfy the Rules of Behaviour specified in Schedule O.".

5. The Principal Regulations are hereby amended by the insertion after article 90 of the following article:

"90A. (1) The amount prescribed for the purposes of Rule 1(2) (t) (ii) of Part I of the Third Schedule to the Principal Act shall be the first £35.20 of weekly earnings received by that person from employment of a rehabilitative nature.

(2) The amount prescribed for the purposes of Rule 1(2) (t) (iii) of Part I of the Third Schedule to the Principal Act for each week in respect of which the spouse of the claimant or beneficiary is engaged in insurable employment shall be--

(i) the first £30 of weekly earnings where the said employment is in respect of 3 days or less in the week, and

(ii) the first £45 of weekly earnings where the said employment is in excess of 3 days in the week,

together with any travel expenses necessarily incurred.

(3) The income prescribed for the purposes of Rule 1(2) (t) (iv) of Part I of the Third Schedule to the Principal Act shall be the yearly value of all income derived from compensation awarded --

(a) by the Compensation Tribunal established by the Minister for Health on 15 December, 1995, or by a court of competent jurisdiction, to compensate certain persons who have contracted Hepatitis C from the use of Human Immunoglobulin - Anti-D, whole blood or other blood products, or

(b) to persons who have disabilities caused by Thalidomide.".

6. The Principal Regulations are hereby amended by --

(a) the insertion in article 102 after paragraph (d) of the following paragraph:

"(dd) in the case of disability allowance, the period of 7 days from the day on which, apart from satisfying the condition of making a claim, the claimant becomes entitled thereto,",

(b) the substitution in paragraph (c) of article 104 for "disability benefit," of "disability benefit and disability allowance,",

(c) the insertion in article 110(1) (a) (as amended by article 6 of the Regulations of 1996) of ", disability allowance" after "disability benefit",

(d) the insertion after paragraph (g) in article 116(1) of the following paragraph:

"(gg) disability allowance --

(i) where the weekly rate payable is a scheduled rate, so much of the allowance as is payable by virtue of sections 191C(1) (a) and 191C(1) (b),

(ii) where the weekly rate payable is less by reason of means than the applicable scheduled rate, so much of the allowance as is payable by virtue of sections 191C(1) (a) and 191C(1) (b), reduced in the proportion that the weekly rate actually payable bears to the applicable scheduled rate,", and

(e) the insertion in article 117, after paragraph (e) of the following paragraph:

"(ee) in respect of disability allowance --

(i) where the weekly rate payable is a scheduled rate, so much of the allowance as is payable under section 191C(1) (b) together with one-half of the aggregate sum of the appropriate rate of disability allowance as set out in column (2) of Part 1 of the Fourth Schedule to the Principal Act and the increase in the allowance payable by virtue of section 191C(1) (a),

(ii) where the weekly rate payable is less by reason of means, than the applicable scheduled rate, so much of the allowance as is payable by virtue of section 191C(1) (b), together with one-half of the aggregate of --

(A) the appropriate rate of disability allowance as set out in Column (2) of Part 1 of the Fourth Schedule to the Principal Act, and

(B) the increase in the allowance payable by virtue of section 191C(1) (a),

reduced in proportion that the weekly rate actually bears to the applicable scheduled rate,".

7. Article 128 of the Principal Regulations is hereby amended by the substitution in sub-article 2(b) for "or carer's allowance" of ", carer's allowance or disability allowance.".

8. The Principal Regulations are hereby amended by the insertion after Schedule N of the following Schedule:

"SCHEDULE O

Article 86B

Rules of Behaviour for persons entitled to or in receipt of Disability Allowance

1. He shall attend for medical examination or other examination at such time or place as may be required by an officer of the Minister, provided that he has been given not less than 7 days notice in writing.

2. He shall obey any instructions, relating to his behaviour or any other matter concerning his disability, of a doctor attending on him or to whom he has attended for medical or other examination in accordance with Rule 1.

3. He shall not refuse unreasonably to see an officer of the Minister and he shall answer any reasonable enquiries by any such officer relating to his claim.".

GIVEN under the Official Seal of the Minister for Social Welfare

this 30th day of September, 1996.

PROINSIAS DE ROSSA

Minister for Social Welfare.

EXPLANATORY NOTE

These Regulations provide for the introduction of a new scheme of Disability Allowance. The Regulations define the circumstances in which a person will be regarded as being substantially handicapped in undertaking suitable employment by reason of a specified disability and they provide that a person will be disqualified for receiving payment of the allowance where he or she fails to satisfy specified Rules of Behaviour.

The Regulations also provide for certain disregards in assessing the earnings of a spouse from insurable employment and provide for a disregard of the first £35.20 of weekly earnings where the beneficiary is engaged in employment of a rehabilitative nature. In addition, any moneys received by way of compensation awarded to persons who have contacted Hepatitis C and to persons who have disabilities caused by Thalidomide will also be disregarded in the assessment of means.

The Regulations also extend existing claims and payments and overlapping benefit provisions to Disability Allowance.