{"id":19923,"date":"2022-11-02T20:41:43","date_gmt":"2022-11-02T20:41:43","guid":{"rendered":"https:\/\/legalblog.ie\/?p=19923"},"modified":"2024-04-08T19:44:52","modified_gmt":"2024-04-08T19:44:52","slug":"disability-allowances","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/disability-allowances\/","title":{"rendered":"Disability Allowances"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/disability-allowances\/#Disability_Allowance\" title=\"Disability Allowance\">Disability Allowance<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/disability-allowances\/#Means_Test\" title=\"Means Test\">Means Test<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/disability-allowances\/#2011_Changes\" title=\"2011 Changes\">2011 Changes<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/disability-allowances\/#Later_Amendments\" title=\"Later Amendments\">Later Amendments<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/disability-allowances\/#Blind_Pension\" title=\"Blind Pension\">Blind Pension<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/disability-allowances\/2\/#SWCA_2005\" title=\"SWCA 2005\">SWCA 2005<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/disability-allowances\/2\/#Blind_Pension_s_161-161E\" title=\"Blind Pension (s. 161-161E)\">Blind Pension (s. 161-161E)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/disability-allowances\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/disability-allowances\/2\/#Rate_of_pension\" title=\"Rate of pension.\">Rate of pension.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/disability-allowances\/2\/#Increases_including_increases_for_one_of_a_couple\" title=\"Increases including increases for one of a couple.\">Increases including increases for one of a couple.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/disability-allowances\/2\/#Amount_of_increases_payable_in_respect_of_a_qualified_child_normally_residing_with_beneficiary\" title=\"Amount of increases payable in respect of a qualified child normally residing with beneficiary.\">Amount of increases payable in respect of a qualified child normally residing with beneficiary.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/disability-allowances\/2\/#Disability_Allowance_ss_209-212\" title=\"Disability Allowance (ss. 209-212)\">Disability Allowance (ss. 209-212)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/disability-allowances\/2\/#Interpretation-2\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/disability-allowances\/2\/#Entitlement_to_allowance\" title=\"Entitlement to allowance.\">Entitlement to allowance.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/disability-allowances\/2\/#Rate_of_allowance_including_increases_for_qualified_adult_and_qualified_children\" title=\"Rate of allowance (including increases for qualified adult and qualified children).\">Rate of allowance (including increases for qualified adult and qualified children).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/disability-allowances\/2\/#Disqualification\" title=\"Disqualification.\">Disqualification.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Disability_Allowance\"><\/span>Disability Allowance<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Disability allowance is the means tested equivalent of disability benefit. Disability allowance is payable to persons who are restricted from employment due to long term sickness and disability.<\/p>\n<p>In order to qualify, a person must be of normal working age (16 to 66 years ) He must by reason of a \u00a0specified \u00a0disability be \u00a0substantially restricted in undertaking employment of a kind which if he was \u00a0were not so restricted, would be suited to his \u00a0age experience and qualification. He must satisfy a means test. The applicant must be habitually resident.<\/p>\n<p>The person must satisfy the deciding officer or appeals officer that he is substantially restricted from undertaking suitable employment by reason of the particular disability. The disease injury mental or physical illness must be expected to continue for at least a year. However, his finding may be subsequently reviewed.<\/p>\n<p>The means test is discussed separately. Disability allowance is a flat rate payment with increments for qualified dependent adults and children.<\/p>\n<p>A person would be disqualified from disability allowance if he fails to good cause to:<\/p>\n<ul>\n<li>submit to medical examination or treatment;<\/li>\n<li>comply with instructions of a doctor;<\/li>\n<li>refrain from behavior likely to hinder a recovery;<\/li>\n<li>to make himself available to Departmental officers.<\/li>\n<\/ul>\n<p>A person engaged in specified classes of employment or training may not be disqualified.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Means_Test\"><\/span>Means Test<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The means test for Disability Allowance includes<\/p>\n<ul>\n<li>income that the person or his spouse, may reasonably be expected to receive in the coming year;<\/li>\n<li>property or assets, of which they have deprived themselves in order to qualify for assistance;<\/li>\n<li>advantages accruing to the person or his spouse from use of property other than a domestic dwelling house or farm building, (owned or occupied, furniture and personal effects) that is personally used or enjoyed by the person or the spouse and<\/li>\n<li>the value of any advantage from leasing of land.<\/li>\n<\/ul>\n<p>A person who qualifies for Disability Allowance may also qualify for secondary benefits. In principle, a person may receive Disability Allowance up to retirement age. A person remains qualified, while engaging in classes of employment or training subject to such circumstances as may be prescribed. This may include employment or business activities of rehabilitative nature.<\/p>\n<p>Previously, a person was not qualified for Disability Allowance, while resident in an institution. However, this provision has been removed.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"2011_Changes\"><\/span>2011 Changes<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 2011 Act provides for an increase in the minimum age for qualification for Disability Allowance from 16 to 18 years and for a consequential increase in the maximum age for receipt of Domiciliary Care Allowance from 16 to 18 years, with effect from 1 January 2012. Existing recipients of Disability Allowance who were aged between 16 and 18 years on 1 January 2012 will continue to be entitled to Disability Allowance, but in this case they will not be eligible to receive Domiciliary Care Allowance as well.<\/p>\n<p><em>\u00a0<\/em>The 2011 Act <em>\u00a0<\/em>provided for the introduction of reduced personal rates and increases for qualified adults for recipients of Disability Allowance aged under 25 years, similar to those already provided for in the case of recipients of Jobseeker\u2019s Allowance and Supplementary Welfare Allowance, with effect from 4 April 2012.<\/p>\n<p>There are a number of circumstances in which the reduced rates were to \u00a0apply, including\u2014<\/p>\n<ul>\n<li>where the claim for Disability Allowance commences before 4 April 2012,<\/li>\n<li>where the claimant is entitled to an increase in respect of a qualified child,<\/li>\n<li>where the claimant was in receipt of certain specified payments immediately before claiming Disability Allowance.<\/li>\n<\/ul>\n<p>The 2012 Act increased the rate of assessment of self-employment income from farming and fishing from 85% to 100%, in the case of the Farm Assist, Jobseeker\u2019s Allowance, Pre-Retirement Allowance and Disability Allowance schemes. The 2012 Act provides for the abolition of the annual child related income disregards in respect of qualified children who normally reside with such claimants (currently \u20ac127 per year for each of the first two dependent children and \u20ac190.50 per year for each subsequent child). The changes take effect from the beginning of April 2013.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Later_Amendments\"><\/span>Later Amendments<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 2018 Act addressed the fact that, under the existing legislative provisions, recipients of Disability Allowance, Blind Pension and certain supplements under the Supplementary Welfare Allowance scheme only benefit from the disregard of earnings from employment where the employment or self-employment (in the case of Disability Allowance) has been certified by the recipient\u2019s General Practitioner as being of a rehabilitative nature.<\/p>\n<p>This section dispenses with the practice of distinguishing between employment of a rehabilitative nature and work more generally. This date on which this provision would \u00a0come into force would \u00a0be set by Commencement Order.<\/p>\n<p>The 2019 Act provided that the Blind Welfare Allowance (a payment made by the HSE) is \u00a0disregarded in the means-test for certain social assistance payments, and in particular for Disability Allowance. This measure comes into effect from 10 January 2020. The 2021 Act provides for an increase in the general weekly means disregard for disability allowance from \u20ac2.50 to \u20ac7.60 from 1 June 2022.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Blind_Pension\"><\/span>Blind Pension<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A blind pension is a means tested pension payable to a blind person. There are statutory tests of blindness. The person must be between 18 and 66 years old. He must be blind, satisfy a means test and be habitually resident in the State.<\/p>\n<p>The person must be so blind that he can neither perform any work which eyesight is essential or cannot so continue.<\/p>\n<p>The payment is a flat rate payment which increments for dependant children and spouses. An additional payment is e made for persons living alone. A person who receives a contributory pension would not qualify.<\/p>\n<p>A person \u00a0is deemed blind for the purpose of the Act, if he is so blind that \u00a0he or she cannot perform any work for which eyesight is essential or cannot continue his or her ordinary occupation. The means test is similar to that for the State Contributory Pension.<\/p>\n<p><!--nextpage--><\/p>\n<p>&nbsp;<\/p>\n<h2>SWCA 2005<\/h2>\n<p>Chapter 5<\/p>\n<h4>Blind Pension (s. 161-161E)<\/h4>\n<p>161.<\/p>\n<h4>Interpretation.<\/h4>\n<p>In this Chapter &#8211;<\/p>\n<p>&#8220;civil partner&#8221; includes a civil partner whose civil partnership has been dissolved, being a dissolution that is recognised as valid in the State;<\/p>\n<p>&#8220;spouse&#8221; includes a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State;<\/p>\n<p>&#8220;weekly means&#8221; shall, subject to Rule 1(1) of Part 5 of Schedule 3, be the yearly means divided by 52.<\/p>\n<p>161A. Entitlement to pension.<br \/>\nSubject to this Act, a person shall be entitled to pension (in this Act referred to as &#8220;blind pension&#8221;) where &#8211;<\/p>\n<p>(a)the person has attained the age of 18 years but has not attained pensionable age,<\/p>\n<p>(b)the reason for the person&#8217;s incapacity to perform any insurable employment or insurable self-employment for which eyesight is essential or to continue his or her ordinary occupation is as a direct result of his or her blindness and for no other reason,<\/p>\n<p>(bb)were it not for this incapacity he or she would be available to work in insurable employment or insurable self-employment,<\/p>\n<p>(c)the means of the person as calculated in accordance with the Rules contained in Part 5 of Schedule 3 do not exceed the appropriate highest amount of means at which pension may be paid to that person in accordance with section 161B, and<\/p>\n<p>(d)the person is habitually resident in the State.<\/p>\n<p>161B.<\/p>\n<h4>Rate of pension.<\/h4>\n<p>(1)The rate (in this Chapter referred to as \u2018the scheduled rate\u2019) of blind pension shall be the weekly rate set out in column (2) at reference 5 in Part 1 of Schedule 4 increased by the appropriate amount set out &#8211;<\/p>\n<p>(a)in column (4) of Part 1 of Schedule 4 in respect of each qualified child who has not attained the age of 12 years who normally resides with the claimant or beneficiary, and<\/p>\n<p>(b)in column (5) of Part 1 of Schedule 4 in respect of each qualified child who has attained the age of 12 years who normally resides with the claimant or beneficiary.<\/p>\n<p>(2)<\/p>\n<p>(a)The pension shall be payable where the weekly means of the claimant or beneficiary-<\/p>\n<p>(i)do not exceed \u20ac7.60, at the scheduled rate, and<\/p>\n<p>(ii)subject to paragraph (b), exceed \u20ac7.60 at the scheduled rate reduced by \u20ac2.50 for each amount (if any) of \u20ac2.50 by which those weekly means exceed \u20ac7.60, any fraction of \u20ac2.50 in those weekly means being treated for this purpose as \u20ac2.50.<\/p>\n<p>(b)Where the rate calculated under paragraph (a)(ii) at which, but for this paragraph, the pension would be payable is less than \u20ac2.50, the pension shall not be payable.<\/p>\n<p>161C.<\/p>\n<h4>Increases including increases for one of a couple.<\/h4>\n<p>(1)Subject to subsection (2), the weekly rate of blind pension payable in accordance with section 161B shall be increased-<\/p>\n<p>(a)by the amount calculated in accordance with Part 3 of Schedule 4 where the beneficiary is living with, or is wholly or mainly maintaining, his or her spouse, civil partner or cohabitant, where that spouse, civil partner or cohabitant has not attained pensionable age, subject to the restriction that the beneficiary shall not be entitled for the same period to an increase of pension under this paragraph in respect of more than one person,<\/p>\n<p>(b)by the amount set out in column (6) of Part 1 of Schedule 4 where the beneficiary is living alone, and<\/p>\n<p>(c)by the amount set out in column (8) of Part 1 of Schedule 4 where the beneficiary is ordinarily resident on an island.<\/p>\n<p>(2)An increase under subsection (1)(a) shall not be payable where the spouse, civil partner or cohabitant is-<\/p>\n<p>(a)in receipt of any benefit, pension, assistance or allowance under Part 2 or this Part, or<\/p>\n<p>(b)entitled to or in receipt of an allowance in respect of participation in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme, or<\/p>\n<p>(c)entitled to or in receipt of an allowance in respect of participation in a scheme administered by the Minister and known as &#8211;<\/p>\n<p>(i)Back to Education Allowance, or<\/p>\n<p>(ii)Back to Work Allowance, or<\/p>\n<p>(iii)Back to Work Enterprise Allowance, or<\/p>\n<p>(iv)Part-Time Job Incentive.<\/p>\n<p>161D.<\/p>\n<h4>Amount of increases payable in respect of a qualified child normally residing with beneficiary.<\/h4>\n<p>The increase payable under section 161B(1) in respect of a qualified child who normally resides with the beneficiary and the spouse, civil partner or cohabitant of the beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse, civil partner or cohabitant of the beneficiary is entitled to any benefit, assistance, allowance (other than supplementary welfare allowance) or any other pension under this Act.<\/p>\n<p>161E. Disqualifications.<br \/>\n(1)Subject to subsections (2) and (3), a person in receipt of or entitled to widow&#8217;s (contributory) pension or widower&#8217;s (contributory) pension or surviving civil partner&#8217;s (contributory) pension or a person in respect of whom an increase of State pension (contributory) is payable by virtue of section 112(1) shall be disqualified for receipt of blind pension.<\/p>\n<p>(2)Notwithstanding subsection (1), a person may be paid blind pension for any period during which the rate of pension payable would be greater than the rate of widow&#8217;s (contributory) pension, widower&#8217;s (contributory) pension, surviving civil partner&#8217;s (contributory) pension or an increase of State pension (contributory) in respect of a qualified adult, as the case may be, payable.<\/p>\n<p>(3)Notwithstanding subsection (1), in any case where blind pension is so paid, entitlement to widow&#8217;s (contributory) pension, widower&#8217;s (contributory) pension, surviving civil partner&#8217;s (contributory) pension or an increase of State pension (contributory) in respect of a qualified adult, as the case may be, shall continue but the amount of any such pension or increase payable during any such period shall not be paid to or in respect of the person.<\/p>\n<p>(4)A blind person in respect of whom a pension is payable under this Chapter shall not be a qualified child for the purposes of this Act.<\/p>\n<p>&nbsp;<\/p>\n<p>Chapter 10<\/p>\n<h4>Disability Allowance (ss. 209-212)<\/h4>\n<p>209.<\/p>\n<h4>Interpretation.<\/h4>\n<p>(1)In this Chapter &#8211;<\/p>\n<p>&#8220;institution&#8221; 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&#8217;s maintenance in that institution is being met in whole or in part by or on behalf of the Executive;<\/p>\n<p>&#8220;weekly means&#8221; means, subject to Rule 1(1) of Part 2 of Schedule 3, the yearly means divided by 52 and the amount so calculated shall be rounded to the nearest \u20ac1 where it is not a multiple of 50 cent or \u20ac1.<\/p>\n<p>(2)In this Chapter, references to means shall be read as references to means as calculated in accordance with the Rules contained in Part 2 of Schedule 3.<\/p>\n<p>210.<\/p>\n<h4>Entitlement to allowance.<\/h4>\n<p>(1)Subject to this Act, an allowance (&#8220;disability allowance&#8221;) shall be payable to a person &#8211;<\/p>\n<p>(a)who has attained the age of 16 years but has not attained pensionable age,<\/p>\n<p>(b)who is by reason of a specified disability substantially restricted in undertaking employment (in this Chapter referred to as &#8220;suitable employment&#8221;) of a kind which, if the person was not suffering from that disability, would be suited to that person&#8217;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,<\/p>\n<p>(ba)subject to subsection (10), the reason for whose substantial restriction in undertaking suitable employment is as a direct result of the person concerned being incapable of work and for no other reason,<\/p>\n<p>(bb)who, were it not for the substantial restriction, would be available to work in insurable employment or insurable self-employment,<\/p>\n<p>and<\/p>\n<p>(c)whose weekly means, subject to subsection (2), do not exceed the amount of disability allowance (including any increases of that allowance) which would be payable to the person under this Chapter if that person had no means.<\/p>\n<p>(2)Subject to subsection (2A), where the spouse, civil partner or cohabitant of a claimant for disability allowance is a spouse, civil partner or cohabitant referred to in any of subparagraphs (iii) to (vii) of section 2(2) (a), the means of the claimant shall be taken to be one-half the means.<\/p>\n<p>(2A)Notwithstanding subsection (2), where, in the 4 weeks immediately before the commencement of section 9 of the Social Welfare and Pensions Act 2007 a person was entitled to or in receipt of disability allowance and the spouse of the claimant for disability allowance is not the claimant&#8217;s qualified adult, or is a spouse in respect of whom an increase is payable by virtue of regulations made under section 297, the means of the claimant shall be taken to be one-half the means or the means calculated in accordance with subsection (2), whichever is the more favourable.<\/p>\n<p>(2B)Where the means of a claimant are calculated at any time in accordance with subsection (2A) and are subsequently calculated in accordance with subsection (2), subsection (2A) shall no longer apply to the claimant.<\/p>\n<p>(2C)Where for any period of not less than 4 consecutive weeks after the commencement of section 9 of the Social Welfare and Pensions Act 2007, a claimant whose means were calculated in accordance with subsection (2A) ceases to be entitled to or in receipt of disability allowance, subsection (2) shall apply to any subsequent claims.<\/p>\n<p>(3)[deleted]<\/p>\n<p>(4)[deleted]<\/p>\n<p>(5)[deleted]<\/p>\n<p>(6)[deleted]<\/p>\n<p>(7)[deleted]<\/p>\n<p>(8)The conditions under which a person shall be regarded for the purposes of this section as being substantially restricted in undertaking suitable employment by reason of a specified disability shall be specified by regulations.<\/p>\n<p>(9)A person shall not be entitled to disability allowance under this section unless he or she is habitually resident in the State.<\/p>\n<p>(10)A person shall not be disqualified for receipt of a disability allowance while engaging in a prescribed course of education, training or development.<\/p>\n<p>211.<\/p>\n<h4>Rate of allowance (including increases for qualified adult and qualified children).<\/h4>\n<p>(1)The rate (in this Chapter referred to as &#8220;the scheduled rate&#8221;) of disability allowance shall be the weekly rate set out in column (2) of Part 1 of Schedule 4 increased by &#8211;<\/p>\n<p>(a)the amount set out in column (3) of that Part for any period during which the claimant or beneficiary has a qualified adult, 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,<\/p>\n<p>(b)the appropriate amount set out &#8211;<\/p>\n<p>(i)in column (4) of that Part in respect of each qualified child who has not attained the age of 12 years who normally resides with the claimant or beneficiary, and<\/p>\n<p>(ii)in column (5) of that Part in respect of each qualified child who has attained the age of 12 years who normally resides with the claimant or beneficiary,<\/p>\n<p>(c)the amount set out in column (6) of that Part where the claimant or beneficiary is living alone, and<\/p>\n<p>(d)the amount set out in column (8) of Part 1 of Schedule 4 where the claimant or beneficiary is ordinarily resident on an island.<\/p>\n<p>(2)<\/p>\n<p>(a)Disability allowance shall be payable &#8211;<\/p>\n<p>(i)where the weekly means of the claimant or beneficiary do not exceed \u20ac7.60, at the scheduled rate, and<\/p>\n<p>(ii)where the weekly means exceed \u20ac7.60, at the scheduled rate reduced by \u20ac2.50 for each amount (if any) of \u20ac2.50 by which those weekly means exceed \u20ac7.60, any fraction of \u20ac2.50 in those weekly means being treated for this purpose as \u20ac2.50.<\/p>\n<p>(b)[deleted]<\/p>\n<p>(3)Any increase of disability allowance payable under subsection (1)(b) in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouse, civil partner or cohabitant of the claimant or beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse, civil partner or cohabitant of the claimant or beneficiary<\/p>\n<p>(a)is not a qualified adult, or<\/p>\n<p>(b)is a spouse, civil partner or cohabitant referred to in section 210(2),<\/p>\n<p>and subsection (1)(b) shall be read and have effect accordingly.<\/p>\n<p>&nbsp;<\/p>\n<p>212.<\/p>\n<h4>Disqualification.<\/h4>\n<p>(1)Regulations may provide for disqualifying a person for receiving disability allowance where the person fails without good cause to comply with such requirements as may be specified by the regulations, including but not necessarily limited to:<\/p>\n<p>(a)attending for or submitting to any medical or other examination or treatment;<\/p>\n<p>(b)complying with instructions relating to his or her incapacity issued by a registered medical practitioner;<\/p>\n<p>(c)refraining from behaviour likely to hinder his or her recovery;<\/p>\n<p>(d)being available to meet with an officer of the Minister or a medical assessor regarding his or her claim for disability allowance.<\/p>\n<p>(2)A person shall not be disqualified for receipt of disability allowance while engaging in such class or classes of employment or training and subject to such circumstances and conditions as may be prescribed.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-19923\" data-postid=\"19923\" class=\"themify_builder_content themify_builder_content-19923 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Disability Allowance Disability allowance is the means tested equivalent of disability benefit. Disability allowance is payable to persons who are restricted from employment due to long term sickness and disability. In order to qualify, a person must be of normal working age (16 to 66 years ) He must by reason of a \u00a0specified \u00a0disability [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[290],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19923"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=19923"}],"version-history":[{"count":13,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19923\/revisions"}],"predecessor-version":[{"id":35036,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19923\/revisions\/35036"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=19923"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=19923"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=19923"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}