Disabled Persons Maintenance Allowances Regulations, 1995.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Disabled Persons Maintenance Allowances Regulations, 1995.
2 Commencement Date.
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paragraphs: These Regulations shall come into operation on the 5th day of June, 1995.
3 Definitions.
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paragraphs: In these Regulations—
"the Act" means the Health Act, 1970 ;
"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, or
( b ) a person over the age of sixteen years having the care of one or more than one dependent 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 or mainly maintaining, nor being wholly or mainly maintained by, such married person's spouse;
"approved course" for the purpose of a higher education grant means a full-time undergraduate course of not less than two years' duration or a full-time postgraduate course approved by the Minister for Education;
"child dependant" means a person under the age of eighteen 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 twenty one years who normally resides with, and is being wholly or mainly maintained by the recipient;
"health facility" means a hospital, convalescent home or home for people suffering from physical or mental disability or ancillary accommodation, nursing home for the care and maintenance of dependent elderly people and any other similar establishment providing residence, maintenance or care where the cost of a person's maintenance therein is being met in whole or in part by or on behalf of a health board;
"maintenance allowance" means an allowance payable by a health board under subsection (1) of section 69 of the Act;
"the Minister" means the Minister for Health;
"recipient" means a person who is in receipt of a maintenance allowance;
"social welfare payment" means any of the following benefits, pensions, assistance or allowances payable under the Social Welfare Acts—
( a ) disability benefit,
( b ) maternity allowance,
( 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 ) survivor's pension,
( i ) orphan's (contributory) allowance,
( j ) deserted wife's benefit,
( k ) unemployment assistance,
( 1 ) old age (non-contributory) 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;
"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.
4 Persons Eligible.
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paragraphs: (1) A health board, on application being made to it and subject to the provisions of these Regulations, shall pay a maintenance allowance to a person between the ages of sixteen and sixty six years who is ordinarily resident in the functional area of the board and who, in the opinion of a medical officer of the health board authorised by that board to examine or to have examined persons applying for or in receipt of a maintenance allowance, is by reason of a specified disability substantially handicapped in undertaking work of a kind which if he or she were not suffering from that disability, would be suited to his or her age, experience and qualifications.