Joe Carey (Clare, Fine Gael)
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314. To ask the Minister for Health when the Disability Act 2005 will be fully commenced; and if he will make a statement on the matter. [43833/20]

Anne Rabbitte (Galway East, Fianna Fail)
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The Disability Act (2005) has been commenced in full except for Part 2 which makes provision foran Assessment of Need, this section was commenced for children aged under the age of 5 in June 2007.

It was intended that the HSE would deliver Assessments of Need under the Disability Act for this age group and the Education for Persons with Special Education Needs Act (2004) (EPSEN) would provide assessments for school going children.

However, as a consequence of a High Court ruling of December 2009, the HSE extended eligibility to all children born after 1st June 2002.