Disability Act 2005

Application for an assessment.

9

9.—(1) Where—

( a) a person (“the person”) is of opinion that he or she may have a disability, or

( b) a specified person (“the person”) is of that opinion in relation to another person and the person considers that by reason of the nature of that other person's disability or age he or she is or is likely to be unable to form such an opinion,

the person may apply to the Executive for an assessment or for an assessment in relation to a specific need or particular service identified by him or her.

(2) In subsection (1)(b), “the person” means—

( a) a spouse F2 [ , civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ], a parent or a relative of a person referred to in subsection (1)(a),

( b) a guardian of that person or a person acting in loco parentis to that person,

( c) a legal representative of that person, or

( d) a personal advocate assigned by Comhairle to represent that person.

(3) An application under subsection (1) shall be in writing in the prescribed form or in a form to the like effect.

(4) Where it appears to an employee of the Executive that a person may have a disability or where a person is in receipt of a health service provided by the Executive or both, he or she may arrange for an application under subsection (1) to be made by or on behalf of the person or may request the Executive to carry out or cause to be carried out an assessment of the person.

(5) Where an application under subsection (1) or a request under subsection (4) is made, the Executive shall cause an assessment of the applicant to be commenced within 3 months of the date of the receipt of the application or request and to be completed without undue delay.

(6) ( a) Where an assessment of a child has commenced under section 4 of the Act of 2004, an application shall not be made under subsection (1) in relation to the child.

( b) Where an assessment of a child under section 4 of that Act has been completed and the statement of findings in relation to the assessment identifies the need for the provision of a health service for the child, it shall be given to the appropriate liaison officer who shall have regard to the relevant contents of the statement and shall prepare a service statement under this Act.

(7) The Executive may refuse an application under subsection (1) if, subject to subsection (8), an assessment has been carried out pursuant to an application under subsection (1) and the period specified in the assessment report in respect of the carrying out of a review of the assessment has not expired or, in the case of a child, the assessment has been carried out within the period of 12 months before the date of the application.

(8) A person who has previously made an application under subsection (1) may make a further application if he or she is of opinion that since the date of the assessment—

( a) there has been a material change of circumstances,

( b) further information has become available which either relates to the personal circumstances of the applicant or to the services available to meet the needs of the applicant, or

( c) a material mistake of fact is identified in the assessment report.

Annotations:

Amendments:

F2

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 170 and sch. part 5 item 23, S.I. No. 648 of 2010.