S.I. No. 261/1960:

DISABLED PERSONS (MAINTENANCE ALLOWANCES) REGULATIONS, 1960.

DISABLED PERSONS (MAINTENANCE ALLOWANCES) REGULATIONS, 1960.

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 subsection (5) of section 50 of the Health Act, 1953 (No. 26 of 1953), hereby makes the following Regulations:--

1. These Regulations may be cited as the Disabled Persons (Maintenance Allowances) Regulations, 1960.

2. These Regulations shall come into operation on the 1st day of January, 1961.

3. In these Regulations--

"the Act" means the Health Act, 1953 ;

"maintenance allowance" means an allowance payable by a health authority under subsection (5) of section 50 of the Act.

4.--(1) A maintenance allowance shall be at a rate not exceeding one pound, two shillings and sixpence per week.

(2) In determining the amount of a maintenance allowance for a particular person, a health authority shall have regard to the means of that person other than income from public assistance.

5.--(1) A maintenance allowance shall be payable by a health authority, on application being made to them, to a person (being a person specified in subsection (6) of section 50 of the Act) who is not maintained in an institution and who by reason of a specified disability is, in the opinion of the chief medical officer of the health authority or of any other medical officer of the health authority authorised by that authority 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) 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.

6. An application under article 5 of these Regulations shall be accompanied by a certificate of a registered medical practitioner in the form set out in the Schedule to these Regulations or in a form substantially to the like effect.

7. Where a maintenance allowance is being paid to a person--

(a) the health authority may, from time to time, require that person to furnish to them certificates of registered medical practitioners in relation to his disability in such form as the health authority think fit;

(b) the health authority shall, from time to time, make such inquiries as they think fit to ascertain whether that person remains a person who is specified in sub-section (6) of section 50 of the Act; and

(c) that person shall notify the health authority of any change in his medical condition or in his circumstances or those of his relatives (within the meaning of subsection (6) of section 50 of the Act) material to his entitlement to the allowance.

8. The Disabled Persons (Maintenance Allowances} Regulations, 1954 ( S.I. No. 207 of 1954 ), and the Disabled Persons (Maintenance Allowances) (Amendment) Regulations, 1957 ( S.I. No. 51 of 1957 ), are hereby revoked.

SCHEDULE.

FORM OF CERTIFICATE RELATING TO DISABILITY.

GIVEN under the Official Seal of the Minister for Health this 19th day of December, One Thousand Nine Hundred and Sixty.

SÉAN MacENTEE,

Minister for Health.

The Minister for Finance consents to these Regulations.

SÉAMAS Ó RIAIN,

Minister for Finance.

EXPLANATORY NOTE.

The effect of these Regulations is to revoke the existing Regulations for the payment of maintenance allowances for disabled persons under Section 50 (5) of the Health Act, 1953 , and to re-make them with amendments providing for an increase in the maximum amount of such allowances from one pound to one pound two shillings and sixpence per week.