S.I. No. 188/1967 - Disabled Persons (Maintenance Allowances) (Amendment) Regulations, 1967.

1. These Regulations may be cited as the Disabled Persons (Maintenance Allowances) (Amendment) Regulations, 1967.

2. These Regulations shall come into operation on the 1st day of August, 1967.

3. Article 3 of the Disabled Persons (Maintenance Allowances) Regulations, 1963 (

S.I. No. 142 of 1963

) is hereby amended by the addition of the following: —

"'institutional services' means services available for a person who is maintained for the purposes of obtaining such services in a health institution or in an institution pursuant to an arrangement made by a health authority under

section 10

of the

Health Act, 1953

(No. 26 of 1953)."

4. The following article is hereby substituted for article 4 of the Disabled Persons (Maintenance Allowances) Regulations, 1963.

"4 (1) A health authority shall, on application being made to them, pay a maintenance allowance 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) 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, who is in receipt of a maintenance allowance in accordance with this article receives institutional services the payment of the allowance may be continued by the health authority for the period during which he receives such services subject to a maximum of eight weeks from the date of commencement of such services.

(4) A maintenance allowance payable in accordance with this article shall be at a rate not exceeding two pounds, twelve shillings and sixpence per week in the case of a person who has no means and in all other cases at a rate not exceeding two pounds, seven shillings and sixpence 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 article 5 of these Regulations.

(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."

GIVEN under the Official Seal of the Minister for Health this 26th day of July, 1967.

SEÁN FLANAGAN.

Minister for Health.

The Minister for Finance consents to these Regulations.

Dated this 26th day of July, 1967.

CHARLES J. HAUGHEY,

Minister for Finance.

EXPLANATORY NOTE.

The effect of these Regulations is to increase as from the 1st August, 1967 the maximum weekly rate of maintenance allowances payable under

section 50

(5) of the

Health Act, 1953

from two pounds, seven shillings and sixpence to two pounds, twelve shillings and sixpence in the case of a person who has no means and in all other cases from two pounds, two shillings and sixpence to two pounds, seven shillings and sixpence. They also make possible the continuance of payment of these allowances for a period not exceeding eight weeks to qualified disabled persons maintained in an institution.

S.I. No. 188 of 1967.

DISABLED PERSONS (MAINTENANCE ALLOWANCES) (AMENDMENT) REGULATIONS, 1967.

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: —