S.I. No. 251/1997 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Disability Allowance) Regulations.

S.I. No. 251 of 1997.

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 3) (DISABILITY ALLOWANCE) REGULATIONS.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 4 and 191B (inserted by section 13 of the Social Welfare Act, 1996 (No. 7 of 1996) and amended by section 22 of the Social Welfare Act, 1997 (No. 10 of 1997)) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) and Rule 1(2) (v) (ii) (inserted by section 15 of the Social Welfare Act, 1996 ) of Part I of the Third Schedule to that Act, hereby makes the following Regulations:

1 Citation and construction

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No .3) (Disability Allowance) Regulations, 1997.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1997 shall be construed together as one and shall be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1997.

2 Definitions

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. 6) Regulations, 1996 ( S.I. No. 297 of 1996 ).

3 Commencement

3. These Regulations shall come into operation on the 4th day of June, 1997

4 Disability allowance

4. The Principal Regulations are hereby amended by

( a ) the insertion in the proviso to article 86A (inserted by article 4 of the Regulations of 1996) after "substantially handicapped" of "in the undertaking of employment",

( b ) the insertion after article 86B (inserted by article 4 of the Regulations of 1996) of the following articles:

"Temporary residence.

86C. (1) A person who is ordinarily resident in an institution shall be entitled to receive disability allowance in respect of any week which forms part of a period of not less than 4 consecutive weeks in which that person is, under an arrangement administered by the said institution, temporarily resident outside of the institution for a period of consecutive days numbering not more than 3 and not less than 2 in respect of each such week.

(2) In the case of a person entitled to an allowance under sub-article (1), the weekly rate payable shall be the weekly rate calculated under section 191C reduced by half.

Holidays.

86D. (1) Disability allowance may be paid to a person who is normally resident in an institution in respect any week during which that person is temporarily resident elsewhere while absent from the institution during a period on holidays under an arrangement administered by the said institution.

(2) For the purposes of sub-article (1), 'period holidays' means a period consisting of at least 3 exceeding 13 consecutive taken on holidays within State in a calendar year.

( c ) the substitution in article 90A(1) (inserted by article 5 of the Regulations of 1996) for "£35.20" of "£36.30".

GIVEN under the Official Seal of the Minister for Social Welfare

this 3rd day of June, 1997.

PROINSIAS DE ROSSA

Minister for Social Welfare

EXPLANATORY NOTE

These Regulations provide for payment of Disability Allowance at half-rate to persons who reside in an institution otherwise than on a full-time basis for a specified number of days each week. In addition the Regulations provide for payment of the allowance to persons who are temporarily resident outside of an institution while on holidays. The Regulations also provide for an increase in the amount of weekly earnings derived from employment of a rehabilitative nature disregarded in the assessment of means for Disability Allowance.