S.I. No. 601/2023 - Disability (Assessment of Needs, Service Statements and Redress) (Amendment) Regulations 2023

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th December, 2023.

I, RODERIC O’GORMAN, Minister for Children, Equality, Disability, Integration and Youth, in exercise of the powers conferred on me by sections 3 and 21 of the Disability Act 2005 (No. 14 of 2005) and the Specialist Community-Based Disability Services (Transfer of Departmental Administration and Ministerial Functions) Order 2022 (S.I. 688 of 2022) and the Specialist Community-Based Disability Services (Transfer of Departmental Administration and Ministerial Functions) Order 2023 (S.I. 595 of 2023), with the consent of the Minister for Public Expenditure, NDP Delivery and Reform, hereby make the following regulations:

1. These Regulations may be cited as the Disability (Assessment of Needs, Service Statements and Redress) (Amendment) Regulations 2023.

2. The Disability (Assessment of Needs, Service Statements and Redress) Regulations 2007 ( S.I. No. 263 of 2007 ) are amended by the substitution of the following Regulation for Regulation 24:

“24. (1) A complaint shall be made to the Executive as soon as reasonably may be after the cause of the complaint arises and in any case, subject to paragraph (2), within a period of 3 months from that cause arising.

(2) A person may apply in writing to the Executive for an extension of the 3 month period of time within which a complaint may be made as referred to in paragraph (1) and shall state the reason the extension is sought.

(3) The Executive shall grant an application referred to in paragraph (2) and extend the period of time within which a complaint may be made where it is satisfied that the person making the application has shown reasonable cause why such an extension should be granted.

(4) The Executive shall, within 5 working days of making a decision on an application referred to in paragraph (2), notify the person who made the application of the decision, the reasons for that decision and, where the decision is to extend the period of time within which a complaint may be made, specify the extended period of time within which the complaint concerned may be made.”.

The Minister for Public Expenditure, NDP Delivery and Reform consents to the making of the foregoing Regulations.

GIVEN under my Official Seal,

4 December, 2023.

PASCHAL DONOHOE,

Minister for Public Expenditure, National Development Plan Delivery and Reform.

GIVEN under my Official Seal,

5 December, 2023.

RODERIC O’GORMAN,

Minister for Children, Equality, Disability, Integration and Youth.