Social Welfare Act, 1997

PART VI

Other Social Assistance Improvements

Disability allowance — extension of entitlement etc.

22.—(1) Section 191B (inserted by section 13 of the Act of 1996) is hereby amended by the substitution for subsection (3) of the following subsections:

“(3) Subject to subsection (3A), a person shall not be entitled to receive disability allowance for any period during which that person is resident in an institution, except and insofar as that person, being a beneficiary, is admitted to such institution for the purposes of undergoing medical or other treatment of a temporary nature therein for a period not exceeding 13 weeks.

(3A) Subject to this Chapter, regulations may, subject to such conditions and in such circumstances as may be prescribed, provide for entitling to disability allowance a person who would be entitled thereto but for the fact that he or she is resident in an institution, where the person is temporarily resident elsewhere for—

(i) a period of not less than two days a week, or

(ii) such other period as may be prescribed:

Provided that in the case of a person to whom paragraph (i) applies, disability allowance payable by virtue thereof shall be payable at a rate less than that specified in the Fourth Schedule.”.

(2) Section 191E (inserted by section 13 of the Act of 1996) of the Principal Act is hereby amended by the substitution for “, old age (non-contributory) pension, retirement pension or invalidity pension” of “or retirement pension”.

(3) Section 231 of the Principal Act is hereby amended by the insertion in subsection (1) after “Part II” of “or Part III”.