Social Welfare Consolidation Act 2005
Entitlement to allowance.
[1996 s13; 2005 (SW&P) s26 & Sch 4]
210.—(1) Subject to this Act, an allowance (“disability allowance”) shall be payable to a person—
(a) who has attained the age of 16 years but has not attained pensionable age,
(b) who is by reason of a specified disability substantially restricted in undertaking employment (in this Chapter referred to as “suitable employment”) of a kind which, if the person was not suffering from that disability, would be suited to that person’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 F1189[Health Act 1970,]
F1190[(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,
(bb) who, were it not for the substantial restriction, would be available to work in insurable employment or insurable self-employment, and]
(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.
[1996 s13; 1997 s28(3)]
F1191[(2) Subject to subsection (2A), where the spouse F1192[, civil partner or cohabitant] of a claimant for disability allowance is a spouse F1192[, 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.]
F1193[(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’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.
(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.
(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.]
[1996 s13; 2005 (SW&P) s8(1)]
(3) F1194[…]
[1997 s22; 2000 s21(1)]
(4) F1194[…]
[1999 s20]
(5) F1194[…]
[2005 (SW&P) s8]
(6) F1194[…]
[2005 (SW&P) s8]
(7) F1194[…]
[1996 s13; 2005 (SW&P) s26 & Sch 4]
(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.
[2004 (MP) s17 & Sch 1]
(9) A person shall not be entitled to disability allowance under this section unless he or she is habitually resident in the State F1195[…].
F1196[(10) A person shall not be disqualified for receipt of a disability allowance while engaging in a prescribed course of education, training or development.]
Annotations
Amendments:
F1189
Substituted (27.01.2020) by Social Welfare (No. 2) Act 2019 (48/2019), s. 4(e)(i)(I), S.I. No. 38 of 2020.
F1190
Inserted (27.01.2020) by Social Welfare (No. 2) Act 2019 (48/2019), s. 4(e)(i)(II), S.I. No. 38 of 2020.
F1191
Substituted (26.09.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 9(f), S.I. No. 702 of 2007.
F1192
Inserted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 26 and sch. 3 item 24, S.I. No. 673 of 2010.
F1193
Inserted (26.09.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 9(f), S.I. No. 702 of 2007.
F1194
Deleted (3.01.2007) by Social Welfare Act 2006 (36/2006), s. 11(1) commenced as per subs. (2).
F1195
Deleted (17.07.2014) by Social Welfare and Pensions Act 2014 (16/2014), s. 11(13), commenced on enactment.
F1196
Inserted (27.01.2020) by Social Welfare (No. 2) Act 2019 (48/2019), s. 4(e)(ii), S.I. No. 38 of 2020.
Modifications (not altering text):
C84
Application of section restricted (1.02.2016) by European Communities (Free Movement of Persons) Regulations 2015 (S.I. No. 548 of 2015), art. 17(2), in effect as per art. 1(2). The text of art. 17(2) appears above immediately before s. 139.
Editorial Notes:
E1315
Power pursuant to subs. (8) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 137, in effect as per art. 2.
E1316
Provision made (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 139 and 140, in effect as per art. 2, as to the circumstances in which (a) a person ordinarily resident in an institution should be entitled to receive disability allowance, or (b) disability allowance might be paid to a person normally resident in an institution but temporarily resident elsewhere on holidays.
E1317
Previous affecting provision: power pursuant to subs. (4) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 13—which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 86C—in effect as per art. 2; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.
E1318
Previous affecting provision: power pursuant to subs. (8) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 5(b)—which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 86A—in effect as per art. 2; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.
E1319
Previous affecting provision: power pursuant to statutory precursor of subs. (4) exercised (4.06.1997) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No .3) (Disability Allowance) Regulations 1997 (S.I. No. 251 of 1997), art. 4(b)—which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), arts. 86C and 86D—in effect as per art. 3; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.
E1320
Previous affecting provision: power pursuant to statutory precursor of subs. (8) exercised (2.10.1996) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) Regulations 1996 (S.I. No. 297 of 1996), art. 4—which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 86A—in effect as per art. 3; amended (4.06.1997) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Disability Allowance) Regulations 1997 (S.I. No. 251 of 1997), art. 4(a), in effect as per art. 3; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.