S.I. No. 186/1973:

DISABLED PERSONS (REHABILITATION) REGULATIONS, 1973.

DISABLED PERSONS (REHABILITATION) REGULATIONS, 1973.

The Minister for Health in exercise of the powers conferred on him by sections 68 , 69 and 72 of the Health Act, 1970 (No. 1 of 1970) hereby makes the following Regulations:--

1. These Regulations may be cited as the Disabled Persons (Rehabilitation) Regulations 1973.

2. These Regulations shall come into operation on 5th day of July, 1973.

3. In these Regulations--

"the Act "means the Health Act, 1970 ;

"disabled person" is a person who, in the opinion of a medical officer of a health board authorised by that board to examine persons applying for or in receipt of maintenance allowances under section 69 of the Act, is substantially handicapped in undertaking work of a kind which if he were not suffering from that disability would be suited to his age, experience and qualifications;

"in-patient service" means a service provided by a health board under section 52 of the Act;

"the Minister" means the Minister for Health;

"rehabilitation service" means a service provided under sub-section (1) of section 68 of the Act;

"maintenance allowance" means a maintenance allowance payable by a health board under subsection (1) of section 69 of the Act while the disabled person is receiving a rehabilitation service.

4. (1) A health board shall make a rehabilitation service available in one or more of the following manners:--

(a) by making such service or part of such service available in or at a health institution maintained by that board, which is approved for the purposes of this article by the Minister or in or at any premises, workshop, farm, garden or similar place maintained by that board.

(b) by an arrangement made under section 26 of the Act, and approved by the Minister.

(2) Payments shall be made by a health board for the services provided under an arrangement made under paragraph (b) of sub-article (1) of this article in accordance with such scale of payments as may be approved, or directed by the Minister.

5. (1) A health board on application being made to them shall, subject to the provisions of section 69 of the Act and sub-article (3) of this article, pay a maintenance allowance to a disabled person while he is availing himself of a rehabilitation service under these Regulations or any arrangement made thereunder.

(2) An application for the payment of a maintenance allowance in accordance with this article 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.

(3) Where a person, who is in receipt of a maintenance allowance in accordance with this article receives in-patient services, the payment of the allowance may be continued by the health board for the period during which he receives such services subject to a maximum of eight weeks from the date of commencement of such services.

(4) A maintenance allowance payable in accordance with this article shall be at such rate as may be determined by the health board subject to any directions issued by the Minister.

6. In determining the amount of a maintenance allowance under article 5 for a particular person a health board shall have regard to the income of that person and of the spouse, if any, of that person, other than income from public assistance.

7. Where a maintenance allowance is being paid to a person--

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

(b) the health board shall, from time to time, make such enquiries as they think fit to ascertain whether that person remains a person who is specified in sub-article (1) of article 5 of these Regulations and in subsection (1) of section 69 of the Act; and

(c) that person shall notify the health board of any change in his medical condition or any circumstances or those of his spouse material to his entitlement to the allowance.

8. The Disabled Persons (Rehabilitation) Regulations 1963 ( S.I. No. 141 of 1963 ) shall be revoked as from the commencement of these Regulations.

SCHEDULE.

FORM OF CERTIFICATE RELATING TO DISABILITY

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.

GIVEN under the Official Seal of the Minister for Health, this 5th day of July, 1973.

BRENDAN CORISH,

Minister for Health.

The Minister for Finance consents to these Regulations. Dated this 5th day of July, 1973.

RICHIE RYAN,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations replace the Disabled Persons (Rehabilitation) Regulations, 1963 ( S.I. No. 141 of 1963 ) and portion of the Disabled Persons (Maintenance Allowances) Regulations 1963 ( S.I. No. 142 of 1963 ). The new Regulations include provision for the payment of allowances to trainees undergoing rehabilitation training at approved centres. This provision was previously made under article 5 of S.I. No. 142 of 1963 .

The Regulations also provide that in determining the amount of a maintenance allowance for a particular person a health board shall have regard only to the income of the person and the spouse, if any, of that person, other than the income from public assistance.