Disabled Persons (Maintenance Allowances) Regulations, 1991

JurisdictionIreland
CitationIR SI 200/1991
Year1991

S.I. No. 200 of 1991.

DISABLED PERSONS (MAINTENANCE ALLOWANCES) REGULATIONS, 1991.

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 section 72 of the Health Act, 1970 (No. 1 of 1970 ) and section 69 of that Act (as amended by section 46 of 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, 1991.

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;

"recipient" means a person who is in receipt of a maintenance allowance;

"Social Welfare payment" means a pension, benefit, assistance or allowance payable under the Social Welfare Act.

"spouse" means—

( a ) each person of a married couple who are living together, or

( b ) a man and woman who are not married to each other but are cohabiting as man and wife;

"adult dependant", in relation to a recipient, means any person who normally resides with, and is being wholly or mainly maintained by, the recipient and who is—

( a ) a spouse of the recipient other than a spouse who is entitled to, or is in receipt of, a Social Welfare payment (other than supplementary welfare allowance), or

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

"dependant child" means a person under the age of 18 years or, in the case of a person receiving full-time instruction by day at any university, college, school or other educational establishment, under the age of 21 years who normally resides with, and is being wholly or mainly maintained by the recipient.

3. These Regulations shall come into operation on the 21st day of July, 1991.

4. (1) A health board on application being made to it, 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 21st day of July, 1991, 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 not exceeding the amounts specified in the said Schedule shall be payable in respect of an adult dependant and each dependant child.

(4) Where a recipient is admitted to, and maintained in, an institution, the payment...

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