Frank Fahey (Galway West, Fianna Fail)

Section 8 deals with the parameters for applying for an assessment of need. Section 9(1)(a) provides that a person who is of opinion that he or she may have a disability may make an application for assessment. Amendments Nos. 61 and 114 seek to include a person who has a disability as well as a person who is of the opinion that they have a disability. The current text is inclusive of such persons as someone with a disability will also be of the opinion that they have a disability. I do not propose, therefore, to accept amendments Nos. 61 and 114.

In regard to amendment No. 62, section 9(1) describes two circumstances where applications for assessments may arise. One is where a person considers that he or she has a disability and where he or she may make an application. The other is where the person is unlikely to be able to form the opinion that he or she has a disability and another person applies on his or her behalf. The provision, as drafted, means that the decision on applying for an assessment rests with the applicant unless the applicant is unlikely to appreciate the need for an assessment. This is consistent with the focus on the individual's needs that underlines the approach to assessment in the Bill. I am not sure that the proposed amendment would improve the approach being taken and for these reasons I do not propose to accept amendment No. 62.

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