S.I. No. 132/1993:

SOCIAL WELFARE (INVALIDITY PENSION) REGULATIONS, 1993.

SOCIAL WELFARE (INVALIDITY PENSION) REGULATIONS, 1993.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 and 88 of the Social Welfare (Consolidation) Act, 1981 , (No. 1 of 1981) and by section 89 of that Act (as amended by section 9 of the Social Welfare Act, 1993 (No. 5 of 1993)) hereby makes the following Regulations:--

1. These Regulations may be cited as the Social Welfare (Invalidity Pension) Regulations, 1993.

2. In these Regulations--

"incapable of work" means incapable of work by reason of some specific disease or bodily or mental disablement;

"pension" means invalidity pension payable under Chapter 10 of Part II of the Principal Act;

"the Principal Act" means the Social Welfare (Consolidation) Act, 1981 .

3. For the purposes of determining entitlement to pension a person shall be regarded as being permanently incapable of work if immediately before the date of claim for pension--

( a ) he has been continuously incapable of work for a period of one year and it is shown to the satisfaction of a deciding officer or an appeals officer that the person is likely to continue to be incapable of work for at least a further year, or

( b ) he is incapable of work and evidence is adduced to establish to the satisfaction of a deciding officer or an appeals officer that the incapacity for work is of such a nature that the likelihood is that the person will be incapable of work for life.

4. For the purposes of paragraph (b) of section 89 (2) of the Principal Act, the relevant date means any date subsequent to the commencement of a period of incapacity for work where evidence is adduced to establish to the satisfaction of a deciding officer or an appeals of officer that the incapacity for work is of such a nature that the likelihood is that the person will be incapable of work for life.

5. (1) A person shall be disqualified for receiving pension if and so long as he fails without good cause to observe the Rules of Behaviour specified in the Schedule hereto.

(2) A person may, with the prior written permission of an officer of the Minister, be exempted from the operation of Rule 4 of the Rules of Behaviour in the Schedule here to for any period during which--

( a ) having become permanently incapable of following his usual occupation, he is undergoing a course of training with a view to taking up some other occupation, or

( b ) he is engaged in work in the nature of rehabilitation or occupational therapy, or

( c ) he is engaged in light work for which no remuneration is or would ordinarily be payable.

6. Such reasonable and necessary travelling and other expenses, as may be determined by an officer of the Minister, which are incurred by a person who is entitled to or in receipt of pension and who is required under the Rules of Behaviour set out in the Schedule hereto to attend for medical or other examination, may be paid by the Minister.

7. The Social Welfare (Invalidity Pension) Regulations, 1970 ( S.I. No. 218 of 1970 ) and the Social Welfare (Invalidity Pension) (Amendment) Regulations, 1972 ( S.I. No. 143 of 1972 ) are hereby revoked.

SCHEDULE

Rules of Behaviour for a person who is entitled to or in receipt of pension.

1. He shall attend for medical or other examination at such time or place as may be required by an officer of the Minister, provided that he has been given not less than seven days notice in writing.

2. He shall obey any instructions, relating to his behaviour or any other matter concerning his incapacity, of a doctor attending on him or to whom he has attended for medical or other examination in accordance with Rule 1.

3. He shall not refuse unreasonably to see an officer of the Minister and he shall answer any reasonable enquiries by any such officer relating to his claim.

4. He shall not engage in work whether on his own account or on behalf of any other person.

GIVEN under the Official Seal of the Minister for Social Welfare, this

10th day of May, 1993.

MICHAEL WOODS,

Minister for Social Welfare.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance, this 12th

day of May, 1993.

` BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations relax the conditions for entitlement to Invalidity Pension in certain circumstances and consolidate the existing regulatory provisions.

One of the qualifying conditions for Invalidity Pension is that the claimant must have been incapable of work for at least 12 months before making his claim. These Regulations also entitle to Invalidity Pension a person who is incapable of work where evidence is adduced to establish to the satisfaction of a deciding officer or an appeals officer that the incapacity for work is of such a nature that the likelihood is that the person will be incapable of work for life.

In addition, they consolidate the existing provisions relating to:

( a ) the Rules of Behaviour as specified in the Schedule thereto,

( b ) the disqualification of a person from receipt of Invalidity Pension if he fails without good cause to observe these Rules and

( c ) the payment of any reasonable and necessary travelling or other expenses incurred by a person when attending for a medical or other examination in accordance with the Rules of Behaviour.