S.I. No. 211/1993 - Disabled Persons (Maintenance Allowances) Regulations, 1993.

S.I. No. 211 of 1993.

DISABLED PERSONS (MAINTENANCE ALLOWANCES) REGULATIONS, 1993.

The Minister for Health, in exercise of the powers conferred on him by section 5 of the Health Act, 1947 (No. 28 of 1947), section 72 of the Health Act, 1970 (No. 1 of 1970 ) and section 69 of that Act [as amended by section 46 of the 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, 1993.

2. In these Regulations.

"the Regulations of 1991" mean the Disabled Persons (Maintenance Allowances) Regulations, 1991 ( S.I. No. 200 of 1991 ).

"the Regulations of 1992" mean the Disabled Persons (Maintenance Allowances) Regulations, 1992 ( S.I. No. 212 of 1992 .

3. These Regulations shall come into operation on the 19th day of July, 1993.

4. (1) With effect from the commencement of these Regulations a maintenance allowance payable by a health board under subsection (1) of section 69 of the Health Act, 1970 shall be a weekly allowance not exceeding the personal rate specified in the Schedule to these Regulations and where an increase is payable in respect of an adult dependant or a child dependant, such increase shall be at the rate specified in the said Schedule, subject to Article 7A of the Regulations of 1991 (as inserted by Article 7 of the Regulations of 1992) in relation to an increase in respect of a child dependant.

(2) Article 5 of the Regulations of 1992 and the Schedule to those Regulations are hereby repealed.

5. Article 4 (1) of the Regulations of 1991 is hereby amended by the insertion after the word "examine" of the words "or have examined".

6. The Regulations of 1991 are hereby amended by the deletion of Article 4 (4) and 4 (5) and the substitution of the following—

"4. (4) Where a recipient is admitted to an institution and the cost of his maintenance therein is met in whole or in part by or on behalf of a health board, the payment of a maintenance allowance shall 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 such admission.

4. (5) Where an adult dependant or child dependant in respect of whom an increase is payable is admitted to an institution and the cost of his maintenance therein is met in whole or in part by or on behalf of a health board, the payment of such an increase shall 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 such admission."

7. Article 5 of the Regulations of 1991 is hereby amended by the deletion of the second sentence of that Article and the substitution of the following:—

"In this regard full account shall be taken of all income arising by way of Social Welfare payment to or in respect of the applicant or in respect of an adult or child dependant of the applicant."

8. Article 10 of the Regulations of 1991, as amended by Article 9 of the Regulations of 1992, is hereby amended by the substitution of "£32.30" for "£31.20".

9. Any payment of a maintenance allowance received by a person while he was not entitled to receive a maintenance allowance or any amount of a maintenance allowance received by a person which was in excess of the amount to which he was entitled shall be repayable by such person to the health board on demand made in that behalf by the health board and, if not so repaid, may be recovered by the health board as a simple contract debt in any court of competent jurisdiction or by deduction from any payment or payments of a maintenance allowance to which such person is entitled or subsequently becomes entitled.

10. (1) Where a person who is in receipt of a maintenance allowance which includes an increase in respect of an adult dependant, or which would include such an increase but for the receipt by the adult dependant of a maintenance allowance or Social Welfare payment in his own right, dies, payment of the maintenance allowance shall continue to be made for a period of six weeks after the date of death and shall during that period, be made to the adult dependant.

(2) Where a person is in receipt of a maintenance allowance which involves an increase in respect of a child dependant, dies, payment of the maintenance allowance shall continue to be made for a period of six weeks and shall, during that period, be made to the person having care of the child dependant.

(3) Where an adult dependant, in respect of whom an increase of a maintenance allowance is being paid, dies, payment of such increase shall continue to be made for a period of six weeks after the date of death.

(4) Where a dependant child, in respect of whom an increase of a maintenance allowance is being paid, dies, payment of such increase shall continue to be made for a period of six weeks after the date of death.

11. For the avoidance of doubt, it is hereby declared that a maintenance allowance shall not be payable to a person who is not ordinarily resident in the State.

12. Where a health board reaches a decision that an applicant for a maintenance allowance is not entitled to such an allowance or that a recipient of a maintenance allowance is no longer entitled to such an allowance, the health board shall notify that person in writing of the reason or reasons for that decision and shall advise that person that the board will consider any representations he may wish to make with regard to that decision.

SCHEDULE

GIVEN under the Official Seal of the Minister for Health, this 19th day of July, 1993.

BRENDAN HOWLIN,

Minister for Health.

The Minister for Finance consents to these Regulations.

GIVEN under the Official Seal of the Minister for Finance, this 23rd day of July, 1993.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

The purpose of the regulations is to provide for increases in the rates of allowances payable under Section 69 of the Health Act, 1970 with effect from 19th day of July, 1993, as announced in the Budget 1993, and to make certain amendments to the scheme of allowances.