Social Welfare Consolidation Act 2005 section 210

Entitlement to allowance

Section 210 sets out the conditions under which a person may qualify for disability allowance.

  • Disability allowance is payable to persons aged 16 to pensionable age who are substantially restricted in undertaking suitable employment solely because a specified disability renders them incapable of work, provided their weekly means do not exceed the allowance they would receive if they had no means.
  • Where the claimant has a spouse, civil partner, or cohabitant falling within certain categories listed in section 2, the claimant's means are taken to be one-half of the couple's combined means, subject to transitional protections for those already receiving the allowance before the 2007 changes took effect.
  • The claimant must be habitually resident in the State and is not disqualified from receiving disability allowance while participating in a prescribed course of education, training, or development.
  • The detailed conditions for determining whether a person is substantially restricted in undertaking suitable employment by reason of a specified disability are set out in regulations.

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