S.I. No. 864/2004 - Infectious Diseases (Maintenance Allowances) Regulations 2005

1. These Regulations may be cited as the Infectious Diseases (Maintenance Allowances) Regulations, 2005.

2. These Regulations shall come into operation on the 1st day of January 2005.

3. The Infectious Diseases (Maintenance Allowances) Regulations, 2004 (

S.I. No. 734 of 2003

) are hereby revoked.

4. In these Regulations—

“outgoings” means the rent, ground rent, rates and purchase annuity payable in respect of premises and mortgage repayments relating to the purchase of premises;

“receiving in-patient services” means receiving in-patient services made available under the

Health Act 1970

(No. 1 of 1970); and

“person” means a person to whom

Section 44

of the

Health Act 1947

applies by virtue of sub-section (1) of that Section.

5. The payment to be made under sub-section (3) of

Section 44

of the

Health Act 1947

to or in respect of a person or his/her dependants shall be a

weekly payment

not exceeding:—

(

a

) the sum specified in Part One of the Schedule hereto which is appropriate to the person, and

(

b

) such of the increases specified in Part Two of the said Schedule as are appropriate.

SCHEDULE

PART ONE

CLASS OF PERSON

RATES OF PAYMENT

Euro (€)

For a person with a dependent spouse.

247.50

For a person with a dependent spouse where such person or such spouse is receiving in-patient services.

225.00

For a person with a dependent spouse where both such person and spouse are receiving in-patient services.

190.20

For a single person or a person who is a widow or widower.

148.80

For such a person where such person is receiving in-patient services.

113.90

PART TWO

CIRCUMSTANCES IN WHICH THE SUM SPECIFIED IN PART ONE OF THIS SCHEDULE MAY BE INCREASED

AMOUNT OF INCREASE

Euro (€)

For a single person or a person who is a widow or widower or a person with a dependent spouse where such person has one or more dependants (other than such spouse) and, with the approval of the health board, a helper is employed to take care of such dependant or dependants.

73.00

In respect of each dependant (other than a spouse) over sixteen years of age.

57.90

In respect of each dependant under sixteen years of age.

16.80

For a person who is owner or tenant of the premises in which he ordinarily resides or who not being the owner or tenant pays or contributes substantially towards the payment of the outgoings of the premises in which he ordinarily resides.

38.40

The Minister for Finance consents to these Regulations.

GIVEN under the Official Seal of the Minister for Finance, this 16th day of December, 2004.

BRIAN COWEN,

Minister for Finance.

GIVEN under the Official Seal of the Minister for Health and Children, this 20th day of December, 2004.

MARY HARNEY,

Minister for Health and Children.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The effect of these Regulations is to provide as from 1st January 2005, for increases in the maximum rates of maintenance allowances payable to persons being treated for certain infectious diseases.

The infectious diseases for which maintenance allowances are payable are acute anterior poliomyelitis, diphtheria, dysentery, salmonellosis, tuberculosis, typhoid and paratyphoid fevers, typhus and viral haemorrhagic diseases (including lassa fever and marburg disease).

The Minister for Health and Children, in exercise of the powers vested in her by

Section 5

and

Section 44

(5) of the

Health Act 1947

, (No. 28 of 1947), as adapted by the Health (Alteration of Name of Department and Title of Minister) Order (S.I. 308 of 1997), hereby makes the following regulations:—