S.I. No. 212/1992:

DISABLED PERSONS (MAINTENANCE ALLOWANCES) REGULATIONS, 1992.

DISABLED PERSONS (MAINTENANCE ALLOWANCES) REGULATIONS, 1992.

The Minister for Health, in exercise of the powers conferred on him by section 5 of the Health Act, 1947 (No. 28 of 1947), section 72 of the Health Act, 1970 (No. 1 of 1970) and section 69 of that Act (as amended by section 46 of the 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 1992.

2. In these Regulations, "the Regulations of 1991" mean the Disabled Persons (Maintenance Allowances) Regulations 1991 ( S.I. No. 200 of 1991 ).

3. These Regulations shall come into operation on the 27th day of July, 1992.

4. Article 2 of the Regulations of 1991 is hereby amended by the deletion of the definition of "social welfare payment" and the substitution of the following definition--

" 'social welfare payment' means any of the following benefits, pensions, assistance or allowances payable under the Social Welfare Acts--

( a ) disability benefit,

( b ) maternity allowances,

( c ) unemployment benefit,

( d ) occupational injuries benefit, which shall comprise injury benefit, disablement benefit and death benefit,

( e ) old age (contributory) pension,

(f) retirement pension,

( g ) invalidity pension,

( h ) widow's (contributory) pension,

( i ) orphan's (contributory) allowance,

( j ) deserted wife's benefit,

( k ) unemployment assistance,

( l ) old age pension,

( m ) blind pension,

( n ) widow's (non-contributory) pension,

( o ) orphan's (non-contributory) pension,

( p ) deserted wife's allowance,

( q ) prisoner's wife's allowance,

( r ) lone parent's allowance,

( s ) pre-retirement allowance, and

( t ) single woman's allowance."

5. (1) with effect from the commencement of these Regulations a maintenance allowance payable by a health board under subsection (1) of section 69 of the Health Act, 1970 shall be a weekly allowance not exceeding the personal rate specified in the Schedule to these Regulations and where an increase is payable in respect of an adult dependant or a child dependant, such increase shall be at the rate specified in the said Schedule, subject to Article 7A of the Regulations of 1991 (as inserted by Article 7 of these Regulations) in relation to an increase in respect of a child dependant.

(2) The Second Schedule to the Regulations of 1991 is hereby repealed.

6. The Regulations of 1991 are hereby amended by the insertion after Article 5 of the following:

"5A. In the case of applications received after the 27th day of July 1992 a health board shall, in addition to the provisions of Article 5, take account of all income to which a person is entitled by way of a social welfare payment.

5B. Notwithstanding the provisions of Article 5, monies received from a charitable organisation being a body whose activities are carried on otherwise than for profit (but excluding any public or local authority) and one of whose functions is to assist persons in need by making grants of money to them, shall not be taken into account in calculating the amount of the maintenance allowance which would otherwise be payable".

7. The Regulations of 1991 are hereby amended by the insertion after Article 7 of the following Article:

"7A. Where one spouse is entitled to a maintenance allowance and the other is entitled to a social welfare payment, any increase payable to the recipient in respect of a dependant child shall be limited to one-half of the appropriate rate."

8. The following Article is hereby substituted for Article 8 of the Regulations of 1991:--

"8. (1) Where, in respect of any period between the 11th day of March 1988 and the 20th day of July 1991, a person was paid a maintenance allowance at a reduced rate by virtue of his spouse being in receipt of a maintenance allowance or a social welfare payment, he shall, subject to the provisions of Article 5, be entitled to payment of an amount or amounts which will bring the total payments to the couple to the equivalent of either, as may be appropriate, two personal rates of a maintenance allowance or the sum of one personal rate of a maintenance allowance and the relevant social welfare payment but excluding any increase in respect of dependants, calculated by reference to the rates applicable at the appropriate time or times.

(2) Where, before the 21st day of July 1991, a person had made application in writing for a maintenance allowance and, whether before or after that date, his application was refused by virtue of his spouse being in receipt of a maintenance allowance or a social welfare payment which included an increase in respect of him, he shall, if he was otherwise entitled to a maintenance allowance and subject to the provisions of Article 5, be entitled to payment of an amount or amounts which will bring the total payments to the couple from the 11th day of March 1988 or from the date of that application, whichever is the later, to the equivalent of either, as may be appropriate, two personal rates of a maintenance allowance or the sum of one personal rate of a maintenance allowance and the relevant social welfare payment but excluding any increase in respect of dependants, calculated by reference to the rates applicable at the appropriate time or times.

(3) Where an application from a person to whom the provisions of paragraph (2) apply was not referred to a medical officer for his opinion in accordance with paragraph (1) of Article 4 of the Regulations of 1991, the health board may arrange for a medical officer to give his opinion, based on the person's medical history, as to whether it is reasonable to conclude that the person was substantially handicapped within the meaning of the said Article 4 at the time of the application and, notwithstanding the provisions of that Article, the health board shall have regard to that opinion in determining whether he was entitled to a maintenance allowance at that time.

(4) A person who was on the 20th day of July, 1991, in receipt of or, in accordance with this Article entitled to, a maintenance allowance and who by virtue of Articles 6 and 7 of the Regulations of 1991 was, with effect from the 21st day of July, 1991 entitled to a lesser amount, shall for as long as he remains continuously entitled to a maintenance allowance be entitled to such sum in addition to the amount payable in accordance with Article 6 and 7 as will make the total amount payable to that person and his spouse equivalent to the amount they were entitled to on the 20th day of July, 1991."

9. Article 10 of the Regulations of 1991 is hereby amended by the substitution of "£31.20" for "£30".

SCHEDULE

GIVEN under the Official Seal of the Minister for Health, this 27th day of July, 1992.

JOHN O'CONNELL,

Minister for Health.

The Minister for Finance consents to these Regulations.

GIVEN under the Official Seal of the Minister for Finance, this 27th day of July, 1992.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

The effect of these regulations is to amend the scheme of maintenance allowances payable under Section 69 of the Health Act, 1970 to provide for retrospective payment in certain instances to persons whose spouse had an entitlement to a social welfare payment, with consequential and associated amendments.

The regulations also provide for increases in the rates of allowances with effect from 27th July 1992.