asked the Minister for Health whether he is aware that, because of the operation of a means test, necessitous applicants are debarred from benefit under the Disabled Persons (Maintenance Allowances) Regulations, 1954, and, if so, if he will amend the regulations so as to allow such applicants to qualify for benefit.
Ceisteanna—Questions. Oral Answers. - Disabled Persons' Maintenance Allowances.
The means test applicable in the case of applicants for allowances under the Disabled Persons (Maintenance Allowances) Regulations, 1954, was provided for by the Oireachtas in Section 50 of the Health Act, 1953, under which the regulations were made. To enable applicants to qualify for allowances without regard to means would require amendment of the Health Act, 1953.
Is the Minister aware that a worker in receipt of £5 a week who had to maintain a disabled brother or sister was not subject to a means test under the Public Assistance Act of 1939, whereas, under the Act of 1953, that worker is compelled to maintain his disabled brother or sister? In the light of these circumstances, would the Minister undertake to review the position so that there will be no anomalies and so that members of local authorities down the country will not experience any of the difficulties which we meet with from time to time in trying to satisfy the people concerned, or to assist them? Could the Minister see his way to amend the regulations?
I think the Deputy is under a profound misapprehension. The difficulty which the Deputy has in mind is caused, not by regulations made under Section 50 of the Health Act, 1953, but by the provisions of the section itself which prohibit the payment of allowances, except in accordance with a means test. To remove the prohibition in the Health Act, 1953, would require amending legislation here in the Dáil and I think that, if the Deputy would appreciate that difficulty, he might see the sense of the answer I have given him.
Does the Minister agree that all permanently disabled persons should be entitled to an allowance, irrespective of whether or not the persons who would ordinarily be supposed to maintain them are in a position to do so; and further, if he agrees that all permanently disabled persons should be entitled to an allowance, would he consider an amendment of the section?
I think the Deputy will appreciate that the need of the country is not for more Health Acts but for some health services.
Does the Minister not agree that the regulations should be considerably amended to make the means test easier?
The position is that under the section the regulations must contain a means test.
Is the Minister not satisfied that, in some instances, the regulations are being interpreted too strictly?
That is a matter for health authorities.