S.I. No. 207/1954 - Disabled Persons (Maintenance Allowances) Regulations, 1954.


S.I. No. 207 of 1954.

DISABLED PERSONS (MAINTENANCE ALLOWANCES) REGULATIONS, 1954.

The Minister for Health, in exercise of the powers conferred on him by section 5 of the Health Act, 1947 (No. 28 of 1947), and by subsection (5) of section 50 of the Health Act, 1953 (No. 26 of 1953), hereby makes the following Regulations :—

1. These Regulations may be cited as the Disabled Persons (Maintenance Allowances) Regulations, 1954.

2. In these Regulations,

" the Act " means the Health Act, 1953 ;

" maintenance allowance " means an allowance payable by a health authority under subsection (5) of section 50 of the act.

3.—(1) A maintenance allowance shall be at a rate not exceeding one pound per week.

(2) In determining the amount of a maintenance allowance for a particular person, a health authority shall have regard to the means (other than income from public assistance) of that person.

4. A maintenance allowance shall be payable by a health authority, on application being made to them, to a person (being a person specified in subsection (6) of section 50 of the act) who—

(a) by reason of injury, disease, congenital deformity, or physical or mental illness or defect, which has continued or may reasonably be expected to continue for at least one year from its onset, is in the opinion of the Chief Medical Officer of the health authority substantially handicapped in undertaking work of a kind which, if he were not suffering from that injury, disease, congenital deformity or physical or mental illness or defect, would be suited to his age, experience and qualifications, and

(b) is not maintained in an institution by or at the expense of a local authority.

5. An application under Article 4 of these Regulations shall be accompanied by a certificate of a registered medical practitioner in the form set out in the Schedule to these Regulations or in a form substantially to the like effect.

6. Where a maintenance allowance is being paid to a person—

(a) the health authority may, from time to time, require that person to furnish to them certificates of registered medical practitioners in relation to his disability in such form as the health authority think fit ; and

(b) the health authority shall, from time to time, make such inquiries as they think fit to ascertain whether the person remains a person who is specified in subsection (6) of section 50 of the act.

SCHEDULE

FORM OF CERTIFICATE RELATING TO DISABILITY

I have examined............................................................ ........................of............................................................ .............

in the county/county borough of............................................................ ............................................................ ..........

He is suffering from*............................................................ ............................................................ ................................

I expect this disability to last for at least one year from its onset. I certify that, by reason of this disability, he/she is substantially handicapped in undertaking work of a kind which, if he/she were not suffering from that disability, would be suited to his/her age, experience and qualifications.

*Note:

The nature of the condition and the extent of the disability should be described fully.

Signature of Registered

Medical Practitioner............................................................ ...............

Address............................................................ ...................................

Date.................................................

GIVEN under the Official Seal of the Minister for Health this Thirtieth day of September, One Thousand Nine Hundred and Fifty-four.

THOMAS F. O'HIGGINS,

Minister for Health.

The Minister for Finance consents to these Regulations.

GERARD SWEETMAN,

Minister for Finance.