S.I. No. 218/1970 - Social Welfare (Invalidity Pension) Regulations, 1970.

S.I. No. 218 of 1970.

SOCIAL WELFARE (INVALIDITY PENSION) REGULATIONS, 1970.

The Minister for Social Welfare, in exercise of the powers conferred on him by section 3 of the Social Welfare Act, 1952 (No. 11 of 1952) and section 25C of the said Act (inserted therein by section 6 of the Social Welfare Act, 1970 (No. 12 of 1970)), hereby makes the following Regulations: —

1. These Regulations may be cited as the Social Welfare (Invalidity Pension) Regulations, 1970.

2. In these Regulations—

"the Act" means the Social Welfare Act, 1952 ;

"the Minister" means the Minister for Social Welfare.

3. (1) For the purposes of section 25C of the Act, a person shall be regarded as being permanently incapable of work if—

( a ) for the period of one year immediately preceding the relevant date he had been continuously incapable of work, and

( b ) it is shown to the satisfaction of a deciding officer or an appeals officer that the person is likely to continue to be incapable of work for at least a further year.

(2) In this article—

"relevant date" means relevant date as defined in paragraph 8 (inserted by the Social Welfare Act, 1970 ) of the Fourth Schedule to the Act;

"incapable of work" means incapable of work by reason of some specific disease or bodily or mental disablement.

4. (1) A person shall be disqualified for receiving invalidity pension if and so long as he fails without good cause to observe the Rules of Behaviour specified in the Schedule hereto.

(2) A person may be exempted from the operation of Rule 4 of the Rules in the Schedule hereto for any period during which—

( a ) having become permanently incapable of following his usual occupation, he is undergoing a course of training with a view to fitting himself to take up some other occupation, or

( b ) he is engaged in work which is by way of rehabilitation or occupational therapy whether or not such work is peculiar to the position of persons who are permanently incapacitated.

SCHEDULE

Rules of Behaviour for a person claiming or in receipt of invalidity pension.

1. He shall submit himself for medical or other examination at such time or place as may be specified if the Minister, on giving not less than seven clear days notice in writing, requests him to do so.

2. He shall obey the instructions of a doctor attending on him or to whom he has submitted himself for medical examination in accordance with the directions of the Minister, in relation to his behaviour or any other matter concerning his incapacity.

3. He shall not refuse unreasonably to see the Minister's sickness visitor and he shall answer any reasonable enquiries by the Minister's officers relating to his claim.

4. He shall do no work on his own account or on behalf of any other person unless it be—

( a ) light work for which no remuneration is, or would ordinarily be, payable, or

( b ) work of the kind referred to in paragraph 7 of Part 1 of the First Schedule to the Act (i.e. as an outworked) under a scheme that is, in the opinion of the Minister, charitable in character and purpose.

GIVEN under the Official Seal of the Minister for Social Welfare this

29th day of September, 1970.

JOSEPH BRENNAN,

Minister for Social Welfare.

EXPLANATORY NOTE.

These Regulations specify the conditions under which a person shall be regarded as permanently incapable of work for the purposes of entitlement to invalidity pension and provide for the disqualification of a person for receiving such pension if he fails without good cause to observe the Rules of Behaviour as specified in the Schedule thereto.