S.I. No. 160/1973:

DISABLED PERSONS (MAINTENANCE ALLOWANCES) REGULATIONS, 1973.

DISABLED PERSONS (MAINTENANCE ALLOWANCES) REGULATIONS, 1973.

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) Regulations, 1973.

2. These Regulations shall come into operation on the 1st day of July, 1973.

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 a 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 (3) 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 the Schedule to these Regulations or in a form substantially to the like effect.

(3) 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.

(4) A maintenance allowance payable in accordance with this article shall be at a rate not exceeding five pounds and ninety new pence per week in the case of a person who has no means and in all other cases at a rate not exceeding five pounds and sixty five new pence per week.

(5) 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.

(6) 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 and of the spouse, if any, of that person, other than income from public assistance.

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 material to his entitlement to the allowance.

7. The Disabled Persons (Maintenance Allowances) Regulations, 1963 ( S.I. No. 142 of 1963 ) shall be revoked as from the commencement of these Regulations.

SCHEDULE.

FORM OF CERTIFICATE RELATING TO DISABILITY

I expect this disability to last for at least one year from its onset.

*NOTE: The nature of the condition and the extent of the disability should be described fully.

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.

GIVEN under the Official Seal of the Minister for Health, this 19th day of June, 1973.

BRENDAN CORISH,

Minister for Health.

The Minister for Finance consents to these Regulations.

Dated this 19th day of June, 1973.

RICHIE RYAN,

Minister for Finince.

EXPLANATORY NOTE.

The effect of these Regulations is to increase as from 1st July, 1973, the maximum weekly rate of maintenance allowance payable under Section 69 of the Health Act, 1970 , from four pounds and ninety new pence to five pounds and ninety new pence in the case of a person who has no means and in all other cases from four pounds and sixty-five new pence to five pounds and sixty-five new pence.

The Regulations also provide that in determining the amount of a maintenance allowance for a particular person a health board shall have regard only to the income of the person and of the spouse, if any, of that person, other than income from public assistance.