S.I. No. 193/1990 - Disabled Persons (Maintenance Allowances) Regulations, 1990.

S.I. No. 193 of 1990.

DISABLED PERSONS (MAINTENANCE ALLOWANCES) REGULATIONS, 1990.

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 of 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) Regulations, 1990.

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.

"Adult Dependant" means in relation to any person—

( a ) a spouse, excluding a spouse who is entitled to/or in receipt of any pension, benefit, assistance or allowance ( other than supplementary welfare allowance) which is payable under the Social Welfare Acts 1981 to 1990; or

( b ) a person over the age of 16 years having the care of one or more than one qualified child who normally resides with that person 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 who is neither wholly or mainly maintaining, nor being wholly or mainly maintained by, such married person's spouse.

where such spouse or person is being wholly or mainly maintained by that person.

"Qualified Child" means a person who—

( a ) (i) is under the age of 18 years, or

(ii) is of or over the age of 18 years and under the age of 20 years, and is receiving full-time instruction by day at any university, college, school, or other educational establishment, and

( b ) is ordinarily resident in the State, and

( c ) is not detained in a reformatory or an industrial school.

3. These Regulations shall come into operation on the 25th day of July, 1990.

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 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 commencement of these Regulations 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 for dependants not exceeding the amounts specified in the said Schedule 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 ( 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 benefit or assistance or any increase thereof in respect of a dependant, other than supplementary welfare allowance, which is payable under the Social Welfare Acts 1981 to 1990.

6. 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.

7. 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 immediately following the period of employment or training if within the period of six 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.

8. 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 may, 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 ) the person in receipt of a maintenance allowance 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.

9. The Disabled Persons (Maintenance Allowances) Regulations 1984 ( S.I. No. 71 of 1984 ) and the Disabled Persons (Maintenance Allowances) (Amendment) Regulations, 1989 ( S.I. No. 193 of 1989 ) are hereby revoked.

FIRST SCHEDULE.

FORM OF CERTIFICATE RELATING TO DISABILITY.

SECOND SCHEDULE.

GIVEN under the Official Seal of the Minister for Health this 25th day of July, 1990.

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 25th day of July, 1990.

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 , by providing an entitlement for disabled persons to earn up to £30 per week without affecting the amount of maintenance allowance payable and also to provide for the continued payment of a maintenance allowance if a person is unable within a period of six months because of a disability to continue in training or employment.

The regulations also provide for increases in the rates of allowances, with effect from 25 July, 1990.