First Previous (PART III Social Insurance Contributions) Next (PART V One-Parent Family Payment)

7 1996

SOCIAL WELFARE ACT, 1996

PART IV

Disability Allowance

Disability allowance.

13. —Part III of the Principal Act is hereby amended by the insertion after Chapter 11 of the following Chapter:

“CHAPTER 12

Disability Allowance

Interpretation.

191A.—(1) In this Chapter—

institution’ means a hospital, convalescent home or home for people suffering from physical or mental disability or ancillary accommodation, nursing home for the care and maintenance of dependent elderly people and any other similar establishment providing residence, maintenance or care where the cost of a person's maintenance therein is being met in whole or in part by or on behalf of a health board;

weekly means’ means the yearly means divided by 52:

Provided that the amount so calculated shall be rounded up to the nearest £1 where it is a multiple of 50p but not also a multiple of £1 and shall be rounded to the nearest £1 where it is not a multiple of 50p or £1.

(2) In this Chapter, references to means shall be construed as references to means as calculated in accordance with the Rules contained in Part I of the Third Schedule.

Entitlement to allowance.

191B.—(1) Subject to this Act, an allowance (‘disability allowance’) shall be payable to a person—

(a) who has attained the age of 16 years but has not attained pensionable age,

(b) who is by reason of a specified disability substantially handicapped in undertaking employment (in this Chapter referred to as ‘suitable employment’) of a kind which if the person was not suffering from that disability, would be suited to that person's age, experience and qualifications, whether or not the person is availing of a service for the training of disabled persons under section 68 of the Health Act, 1970 , and

(c) whose weekly means, subject to subsection (2), do not exceed the amount of disability allowance (including any increases thereof) which would be payable to the person under this Chapter if that person had no means.

(2) Where the spouse of a claimant for disability allowance is not the claimant's adult dependant, the means of the claimant shall be taken to be one-half the means.

(3) A person shall not be entitled to receive disability allowance for any period during which that person is resident in an institution, except and in so far as that person is undergoing medical or other treatment of a temporary nature therein for a period not exceeding 13 weeks.

(4) The conditions under which a person shall be regarded for the purposes of this section as being substantially handicapped in undertaking suitable employment by reason of a specified disability shall be specified by regulations.

Rate of allowance (including increases for adult and child dependants).

191C.—(1) The rate (in this Chapter referred to as ‘the scheduled rate’) of disability allowance shall be the weekly rate set out in column (2) of Part 1 of the Fourth Schedule increased by—

(a) the amount set out in column (3) of that Part for any period during which the claimant or beneficiary has an adult dependant, subject to the restriction that, except where regulations otherwise provide, the claimant or beneficiary shall not be entitled to an increase under this paragraph in respect of more than one person, and

(b) the appropriate amount set out in column (4) of that Part in respect of each qualified child who normally resides with the claimant or beneficiary.

(2) Disability allowance shall be payable—

(a) where the weekly means of the claimant or beneficiary do not exceed £2, at the scheduled rate, and

(b) where such weekly means exceed £2, at the scheduled rate reduced by £2 for each amount (if any) of £2 by which those weekly means exceed £2, any fraction of £2 in those weekly means being treated for this purpose as £2:

Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the allowance would be payable is less than £2, the allowance shall not be payable.

(3) Any increase of disability allowance payable pursuant to subsection (1) (b) in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouse of the claimant or beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the claimant or beneficiary is not an adult dependant and subsection (1) (b) shall be construed and have effect accordingly.

Disqualification.

191D.—Regulations may provide for disqualifying a person for receiving disability allowance if that person fails without good cause to attend for or to submit himself or herself to such medical or other examination as may be required in accordance with the regulations, or to observe any prescribed rules of behaviour.

Total amount payable to couple.

191E.—(1) Where one of a couple is entitled to disability benefit, unemployment benefit, injury benefit, disablement pension, old age (contributory) pension, old age (non-contributory) pension, retirement pension or invalidity pension and the other is entitled to disability allowance, the total of the amount payable to them by way of such benefit or pension, as the case may be, and such disability allowance (in this subsection referred to as ‘the relevant amount’) shall not exceed the total amount of benefit or pension, as the case may be, or the total amount of disability allowance, whichever is the greater (in this subsection referred to as ‘the greater amount’) that would be payable if only one of the couple were in receipt of benefit, pension or disability allowance, as the case may be, and the benefit, pension or disability allowance included an increase in respect of the other as his adult dependant; and, if the relevant amount would but for this subsection exceed the greater amount, the amount of disability allowance payable to the spouse who is entitled to such disability allowance shall be reduced by the amount of the excess.

(2) Where one of a couple is entitled to unemployment assistance or pre-retirement allowance and the other is entitled to disability allowance, the total amount payable to them pursuant to this Act shall not exceed the amount which would be payable if only one of them was entitled to be paid unemployment assistance, pre-retirement allowance or disability allowance, as the case may be, and the other was an adult dependant, and each of them shall be entitled to be paid one-half of the amount which would be payable to him if the other were his adult dependant.

(3) In this section—

couple’ means a married couple who are living together or a man and woman who are not married to each other but are cohabiting as husband and wife;

spouse’ means each person of a couple in relation to the other.”.

Transitional provisions.

14. —(1) Notwithstanding Chapter 12 (inserted by section 13 of this Act) of Part III of the Principal Act, where, immediately before the commencement of this Part, a person is in receipt of a maintenance allowance provided for under section 69 of the Health Act, 1970 , disability allowance shall be payable to that person on and from that commencement at a rate not less than the rate of maintenance allowance which is payable to him immediately before that commencement.

(2) Any determination by an officer of a health board in relation to the award of a maintenance allowance to a person under section 69 of the Health Act, 1970 , before the commencement of this Part shall be deemed to be a decision by a deciding officer to award disability allowance to such person on and from that commencement.

(3) Where immediately before the commencement of this Part, a person has applied for a maintenance allowance under section 69 of the Health Act, 1970 , and that application has not been finally determined, any such application shall be deemed to be an application for disability allowance.

Amendments consequential on section 13 and repeal.

15. —(1) The Principal Act is hereby amended by—

(a) the insertion in section 118 (1) after paragraph (j) of the following paragraph:

“(k) disability allowance.”, and

(b) the insertion in Part I of the Fourth Schedule (inserted by section 4 of this Act) after the rate of assistance contained at reference 8 of the following rates:

“9.

Disability Allowance

64.50

38.50

13.20

—”.

(2) Section 210 of the Principal Act is hereby amended by—

(a) the insertion in the definition of “benefit” in subsection (1) (as amended by section 13 of the Act of 1994) after paragraph (k) of the following paragraph:

“(kk) disability allowance,”,

(b) the substitution in paragraph (a) of subsection (2) for “to (k)” of “to(kk)”, and

(c) the substitution in paragraph (c) (inserted by section 26 of the Act of 1994) of subsection (2) for “and (k)” of “to (kk)”.

(3) (a) Rule 1 of Part I of the Third Schedule to the Principal Act is hereby amended by—

(i) the insertion in paragraph (1)(as amended by section 23 of the Act of 1995) before “other than in such circumstances” of “subject to paragraph (1A),” and

(ii) the insertion after paragraph (1) of the following paragraph:

“(1A) In the application of paragraph (1) for the purposes of disability allowance, the yearly value of the property shall be calculated as follows:

(a) the first £2,000 of the capital value of the property shall be excluded,

(b) the yearly value of the next £20,000 of the capital value of the property shall be assessed at 7.5 per cent., and

(c) the yearly value of so much of the capital value of the property as exceeds £22,000 shall be assessed at 15 per cent.”.

(b) Paragraph (2)(as amended by section 23 of this Act) of Rule 1 of Part I of the Third Schedule to the Principal Act is hereby amended by—

(i) the insertion in subparagraphs (a) and (s) before “all moneys” of “other than in the case of disability allowance,”,

(ii) the insertion in subparagraph (q) (inserted by section 11 of the No. 2 Act of 1995) before “any moneys” of “other than in the case of disability allowance,”,

(iii) the insertion in subparagraph (m) before “such amount” of “other than in the case of disability allowance,”,

(iv) the insertion in subparagraph (p) before “such income” of “other than in the case of disability allowance,”, and

(v) the insertion after subparagraph (s) of the following subparagraph:

“(t) in the case of disability allowance—

(i) any sums received by way of assistance in the maintenance at home of handicapped children under section 61 of the Health Act, 1970 and known as domiciliary care allowance,

(ii) such amount as may be prescribed of earnings from employment of a rehabilitative nature,

(iii) such amount as may be prescribed of all moneys earned by his spouse from insurable employment, and

(iv) such other income as may be prescribed;”.

(c) Paragraph (4) of Rule 1 of Part I of the Third Schedule to the Principal Act is hereby amended by the substitution for “receipt of unemployment assistance” of “receipt of disability allowance, unemployment assistance”.

(d) Paragraph (5) of Rule 1 of Part I of the Third Schedule to the Principal Act is hereby amended by the insertion before “the yearly value” of “other than in the case of disability allowance,”.

(4) Each provision of the Principal Act mentioned in column (1) of Schedule D to this Act is hereby amended in the manner specified in column (2) of that Schedule opposite the mention of that provision in column (1).

(5) Section 69 of the Health Act, 1970 , is hereby repealed.

Commencement (Part IV).

16. —This Part shall come into operation on such day as the Minister may appoint by order.