Social Welfare Consolidation Act 2005

Entitlement to allowance.

[1996 s13; 2005 (SW&P) s26 & Sch 4]

210.—(1) Subject to this Act, an allowance (“disability allowance”) shall be payable to a person—

(a) who has attained the age of 16 years but has not attained pensionable age,

(b) who is by reason of a specified disability substantially restricted in undertaking employment (in this Chapter referred to as “suitable employment”) of a kind which, if the person was not suffering from that disability, would be suited to that person’s age, experience and qualifications, whether or not the person is availing of a service for the training of disabled persons under section 68 of the Health Act 1970 , and

(c) whose weekly means, subject to subsection (2), do not exceed the amount of disability allowance (including any increases of that allowance) which would be payable to the person under this Chapter if that person had no means.

[1996 s13; 1997 s28(3)]

(2) Where the spouse of a claimant for disability allowance is not the claimant’s qualified adult, or is a spouse in respect of whom an increase is payable by virtue of regulations made under section 297 , the means of the claimant shall be taken to be one-half the means.

[1996 s13; 2005 (SW&P) s8(1)]

(3) Subject to subsections (4), (5) and (6), a person shall not be entitled to receive disability allowance for any period during which that person is resident in an institution.

[1997 s22; 2000 s21(1)]

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

(a) a period of not less than 2 days a week, or

(b) any other period that may be prescribed.

[1999 s20]

(5) Notwithstanding subsections (3) and (4), where a person who, on or after 1 August 1999, being a beneficiary of disability allowance, is subsequently admitted to an institution, that person shall, if at the time of admittance to the institution, he or she would otherwise be entitled to receive disability allowance, continue to be so entitled.

[2005 (SW&P) s8]

(6) Subject to subsection (7), a person who would be entitled to disability allowance but for subsection (3) shall be entitled to a weekly payment of €35 (in this Chapter referred to as the “disability allowance personal expenses rate”).

[2005 (SW&P) s8]

(7) A payment under subsection (6) shall be payable—

(a) at the disability allowance personal expenses rate where the rate of disability allowance, calculated in accordance with section 211 , that would be payable but for subsection (3), is greater than or equal to the disability allowance personal expenses rate, or

(b) at a rate equivalent to that rate of disability allowance, calculated in accordance with section 211 , that would be payable but for subsection (3), where that rate is less than the disability allowance personal expenses rate.

[1996 s13; 2005 (SW&P) s26 & Sch 4]

(8) The conditions under which a person shall be regarded for the purposes of this section as being substantially restricted in undertaking suitable employment by reason of a specified disability shall be specified by regulations.

[2004 (MP) s17 & Sch 1]

(9) A person shall not be entitled to disability allowance under this section unless he or she is habitually resident in the State at the date of the making of the application for that allowance.