Social Welfare and Pensions Act 2005

Disability allowance — extension of payment.

8.—(1) Section 191B (inserted by section 13 of the Act of 1996) of the Principal Act is amended—

(a) in subsection (3) (as amended by section 20 of the Act of 1999), by substituting “subsections (3A), (3B) and (3C)” for “subsections (3A) and (3B)”, and

(b) by inserting the following after subsection (3B) (inserted by section 20 of the Act of 1999):

“(3C) Subject to subsection (3D), 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’).

(3D) A payment under subsection (3C) shall be payable—

(a) at the disability allowance personal expenses rate where the rate of disability allowance, calculated in accordance with section 191C, 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 191C, that would be payable but for subsection (3), where that rate is less than the disability allowance personal expenses rate.”.

(2) This section comes into operation on 1 June 2005.