Under section 69 of the Health Act, 1970, health boards are obliged to have regard to the income of both the applicant and the applicant's spouse, if any, in determining eligibility for disabled person's maintenance allowance. Where the spouse of an applicant for disabled person's maintenance allowance is in receipt of unemployment assistance which includes a dependant allowance for the applicant, the applicant is not considered eligible for a disabled person's maintenance allowance. A case along these lines is awaiting hearing in the High Court by way of judicial review.