S.I. No. 341/1981 - Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations, 1981.

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 sections 69 and 72 of the Health Act, 1970 (No. 1 of 1970), hereby makes the following Regulations:—

1. These Regulations may be cited as the Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations, 1981.

2. These Regulations shall come into operation on the 1st day of October, 1981.

3. In these Regulations—

“the Act” means the Health Act, 1970 ;

“the Minister” means the Minister for Health;

“maintenance allowance” means an allowance payable by health board under subsection (1) of section 69 of the Act.

4. (1) A health board on application being made to them, 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 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 Schedule 1 to these Regulations or in a form substantially to the like effect.

(3) A maintenance allowance payable to a person in accordance with this article shall be a weekly allowance not exceeding £26.05 and increases for dependants not exceeding the amounts specified in Schedule 2 to the Regulations as may be appropriate.

(4) Where a person in receipt of a maintenance allowance in accordance with this article 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 a 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, or to whom or in respect of whom any benefit or assistance is payable in accordance with the Social Welfare (Consolidation) Act 1981 (No. 1 of 1981) as amended by the Social Welfare (Amendment) Act 1981 (3 of 1981).

(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.

(8) An increase as specified in Schedule 2 to the Regulations shall not be payable in accordance with this article in respect of a person to whom or in respect of whom any benefit or assistance is payable in accordance with the Social Welfare (Consolidation) Act 1981 (No. 1 of 1981) as amended by the Social Welfare (Amendment) Act 1981 (No. 3 of 1981).

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 and to the income including any benefit or assistance payable in accordance with the Social Welfare (Consolidation) Act 1981 (No. 1 of 1981) as amended by the Social Welfare (Amendment) Act 1981 (No. 3 of 1981), of 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 Schedule 2 of the Regulations.

6. Where a maintenance allowance is being paid to a person—

(a) the health board 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 board think fit;

(b) the health board 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 (1) of section 69 of the Act, and

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

7. The Disabled Persons (Maintenance Allowances) Regulations, 1973 ( S.I. No. 160 of 1973 ), shall be revoked as from the commencement of these Regulations.

SCHEDULE 1.

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 .............................

SCHEDULE 2.

The Minister for Finance consents to these Regulations.

Dated this 23rd day of September, 1981.

JOHN BRUTON,

Minister for Finance.

EXPLANATORY NOTE.

(This note is not part of the instrument and does not purport to be a legal interpretation.)

The effect of these regulations is to amend the scheme of maintenance allowances payable under section 69 of the Health Act, 1970 , by providing as from 1st October, 1981 for an increase in the maximum weekly rate for eligible applicants and by providing for the introduction of increases for dependants.

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