Disabled Persons (Maintenance Allowances) Regulations, 1984

• Jurisdiction: Ireland

S.I. No. 71 of 1984.

DISABLED PERSONS (MAINTENANCE ALLOWANCES) REGULATIONS, 1984.

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, 1984. 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. 3. (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 (5) 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 the 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 Schedule 1 to these Regulations or in a form substantially to the like effect.

(3) Up to and including the 4th day of July, 1984, 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 Schedule 2 of these Regulations, and increases for dependants not exceeding the amounts specified in Schedule 2 to these Regulations as may be appropriate.

(4) With effect from the 5th day of July, 1984, 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 Schedule 3 of these Regulations, and increases for dependants not exceeding the amounts specified in Schedule 3 to these Regulations as may be appropriate.

(5) 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.

(6) Where a dependant in respect of...