Social Welfare Act, 1999

Disability allowance — extension of payment.

20.— Section 191B of the Principal Act (inserted by section 13 of the Act of 1996) is hereby amended by the substitution for subsections (3) and (3A) (inserted by section 22 of the Act of 1997) of the following subsections:

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

(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.

(3B) Notwithstanding subsections (3) and (3A), where a person who, on or after the 1st day of 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.”.