Hospital Services
HEALTH ACT 1970
Chapter I
Eligibility
Section 45
Full eligibility.
45.—(1) A person in either of the following categories F48[and who is ordinarily resident in the State] shall have full eligibility for the services under this Part—
(a) adult persons F49[who, in the opinion of the Health Service Executive, are] unable without undue hardship to arrange general practitioner medical and surgical services for themselves and their dependants,
(b) dependants of the persons referred to in paragraph (a).
F50[(2) In deciding whether or not a person comes within the category mentioned in subsection (1)(a), the Health Service Executive shall have regard to the person’s overall financial situation (including the means of the spouse F51[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010], if any, of that person in addition to the person’s own means) in view of the person’s reasonable expenditure in relation to himself or herself and his or her dependants, if any.]
(3) The Minister may, with the consent of the Minister for Finance, by regulations specify a class or classes of persons who shall be deemed to be within the categories mentioned in subsection (1).
(4) A draft of regulations which it is proposed to make under this section shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.
(5) Section 5(5) of the Health Act, 1947, shall not apply to regulations under this section.
F52[(5A) Notwithstanding any other enactment, with effect from 2 March 2009 a person also shall have full eligibility for the services under this Part if the person attained the age of 70 years before 1 January 2009 and is ordinarily resident in the State, so long as the person’s gross income does not exceed the relevant gross income limit under section 45A.]
F53[(5B) A person who is a child within the meaning of section 186C of the Social Welfare Consolidation Act 2005 and in respect of whom an allowance is being paid under Chapter 8A of Part 3 of that Act shall have full eligibility for the services under this Part and, notwithstanding subsection (6), references in this Part to persons with full eligibility shall be construed as including references to such persons.]
(6) References in this Part to persons with full eligibility shall be construed as referring to persons in the categories mentioned in subsection (1) or deemed to be within those categories.
(7) Any person who is not in either of the categories mentioned in subsection (1) F48[or who is not ordinarily resident in the State] but who, in relation to a particular service which is available to persons with full eligibility, is considered by the chief executive officer of the appropriate health board to be unable, without undue hardship, to provide that service for himself or his dependants shall, in relation to that service, be deemed to be a person with full eligibility.
Annotations
Amendments:
F48
Inserted (1.06.1991) by Health (Amendment) Act 1991 (15/1991) s. 2, S.I. No. 134 of 1991.
F49
Inserted (11.05.2005) by Health (Amendment) Act 2005 (3/2005), s. 1(a), commenced on enactment.
F50
Inserted (11.05.2005) by Health (Amendment) Act 2005 (3/2005), s. 1(b), commenced on enactment.
F51
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 170 and sch. part 5, S.I. No. 648 of 2010.
F52
Substituted (1.01.2009) by Health Act 2008 (21/2008), s. 3(1), commenced as per s. 1(2), subject to transitional provision in s. 3(2).
F53
Inserted (1.06.2017) by Health (Amendment) Act 2017 (5/2017), s. 2, S. I. No. 155 of 2017.
Modifications (not altering text):
C9
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
…
Schedule 1
Enactments
…
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 1 of 1970
Health Act 1970
Sections 44, 45, 52, 53, 56 and 59
…
…
…
C10
Reference to “health board” in subs. (7) construed as references to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 56(a), 66, S.I. No. 887 of 2004.
Definitions (Part 10).
56.—In this Part “specified body” means—
(a) the health boards,
…
References to specified bodies.
66.—Subject to this Act, references (however expressed) to a specified body in any Act passed before the establishment day, or in any instrument made before that day under an Act, are to be read as references to the Executive, unless the context otherwise requires.
Editorial Notes:
E141
Previous affecting provision: subs. (5A) inserted (1.07.2001) by Health (Miscellaneous Provisions) Act 2001 (14/2001), s. 1(1)(a), S.I. No. 305 of 2001; substituted as per F-note above.
Section 45A
F54[
Full eligibility.
45A.—(1) Notwithstanding section 45(6), a person in one of the following categories and who is ordinarily resident in the State also shall have full eligibility for the services under this Part:
(a) persons who, on or after 1 January 2009, attain or have attained the age of 70 years, whose gross income does not exceed the relevant income limit and who—
(i) make an application to the Health Service Executive in such form as it may consider appropriate, and
(ii) receive confirmation from the Health Service Executive that they have full eligibility for services under this Part because they have attained the age of 70 years, are ordinarily resident in the State and their gross income does not exceed the relevant gross income limit, so long as their gross income does not exceed that relevant limit;
(b) F55[…]
(i) if the surviving persons have attained the age of 70 years at the time of the death,
(ii) if the death occurred on or after 1 January 2009, and
(iii) for a period of 3 years after the death, so long as their gross income does not exceed the gross income limit set out in paragraph (b) of subsection (2) during that period;
and
(c) dependants of the persons referred to in paragraph (a) or section 45(5A).
F56[(1A) Where—
(a) a person—
(i) was married to another person until that other person’s death,
(ii) was living with another person as a married couple until that other person’s death, or
(iii) was a civil partner as respects another person until that other person’s death,
(b) the death of the other person occurred on or after 1 January 2014, and
(c) the surviving person had attained the age of 70 years at the time of the death of that other person,
the gross income limit applicable to the surviving person in the 3 years following the death of that other person shall—
(i) as respects the period commencing on 1 January 2014 and ending on the day before the relevant date be €900 per week, not including the income from the portion of his or her savings or similar investments whose capital value does not exceed €72,000, and
(ii) as respects the period commencing on the relevant date be €1,050 per week, not including the income from the portion of his or her savings or similar investments whose capital value does not exceed €72,000,
but such gross income limit shall apply only as respects such part of the 3 year period as the surviving person is not married, is not living together with another person as a married couple, or does not have a civil partner.]
(2) The Health Service Executive shall provide any necessary supports to any person in the making of an application under subsection (1) where, by reason of any incapacity, such person requests such assistance.
F57[(3) The gross income limits for the purposes of this section and section 45(5A) are the following:
(a) in respect of the period commencing on 1 January 2014 and ending on the day before the relevant date—
(i) if a person—
(I) is not married,
(II) is not living together with another person as a married couple, and
(III) does not have a civil partner,
his or her gross income limit is €500 per week, not including the income from the portion of the person’s savings or similar investments whose capital value does not exceed €36,000, and
(ii) if persons—
(I) are married,
(II) live together as a married couple, or
(III) are civil partners as respects each other,
their combined gross income limit is €900 per week, not including the income from the portion of their savings or similar investments whose capital value does not exceed €72,000,
and
(b) in respect of the period commencing on the relevant date—
(i) if a person—
(I) is not married,
(II) is not living together with another person as a married couple, and
(III) does not have a civil partner,
his or her gross income limit is €550 per week, not including the income from the portion of the person’s savings or similar investments whose capital value does not exceed €36,000, and
(ii) if persons—
(I) are married,
(II) live together as a married couple, or
(III) are civil partners as respects each other,
their combined gross income limit is €1,050 per week, not including the income from the portion of their savings or similar investments whose capital value does not exceed €72,000.]
(4) The Minister shall, on 1 September of every year, review the most recent information on the consumer price index made available by the Central Statistics Office, and may, with the consent of the Minister for Finance, by regulations to take effect on 1 January next following that review, F58[increase or decrease] the gross income limits specified for the purposes of this section and section 45(5A) to reflect any F58[increase or decrease] in that index.
(5) For the purposes of calculating gross income for this section and section 45(5A), all gross income from all sources is to be included except for the gross income arising from the following sources of income, and any subsequent income from the investment of the monies arising from those sources, which are not to be included:
(a) compensation awards to persons under the Hepatitis C Compensation Tribunal Acts 1997 to 2006;
(b) compensation awards by way of the Residential Institutions Redress Board established under section 3 of the Residential Institutions Redress Act 2002;
(c) prescribed repayments made under section 8 of the Health (Repayment Scheme) Act 2006 made—
(i) to a living relevant person,
(ii) to the spouse or former spouse of a living or deceased relevant person,
(iii) directly to a living child of a relevant person by virtue of section 9(8) of that Act;
(d) ex-gratia awards approved by the Lourdes Hospital Redress Board under the terms of the Lourdes Hospital Redress Scheme 2007;
(e) similar awards and payments set out in regulations made under subsection (7).
(6) In the calculation of gross income for the purposes of this section and section 45(5A), income will not be imputed from property (whether a family home, a holiday home or any other property), unless it is rented, and only the net rental income will be included as income, calculated as gross income, less any cost necessarily incurred associated with the rental of the property.
(7) The Minister may make regulations prescribing a class or classes of payments not coming within paragraphs (a) to (d) of subsection (5) but which the Minister considers to be made for a similar purpose as those made under those paragraphs.]
F59[(8) In this section—
“civil partner” has the same meaning as it has in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;
“relevant date” means the date on which section 2 of the Health (General Practitioner Service and Alteration of Criteria for Eligibility) Act 2020 comes into operation.]
Annotations
Amendments:
F54
Inserted (1.01.2009) by Health Act 2008 (21/2008), s. 4, commenced as per s. 1(2).
F55
Deleted (19.04.2013) by Health (Alteration of Criteria for Eligibility) Act 2013 (10/2013), s. 3(a), S.I. No. 133 of 2013.
F56
Substituted (1.11.2020) by Health (General Practitioner Service and Alteration of Criteria for Eligibility) Act 2020 (11/2020), s. 2(a), S.I. No. 462 of 2020.
F57
Substituted (1.11.2020) by Health (General Practitioner Service and Alteration of Criteria for Eligibility) Act 2020 (11/2020), s. 2(b), S.I. No. 462 of 2020.
F58
Substituted (19.04.2013) by Health (Alteration of Criteria for Eligibility) Act 2013 (10/2013), s. 3(d), S.I. No. 133 of 2013.
F59
Substituted (1.11.2020) by Health (General Practitioner Service and Alteration of Criteria for Eligibility) Act 2020 (11/2020), s. 2(c), S.I. No. 462 of 2020.
Editorial Notes:
E142
Power pursuant to subs. (7) exercised (2.08.2019) by Health Act 1970 (Section 45A(7)) (Classes of Payments) Regulations 2019 (S.I. No. 415 of 2019).
E143
Previous affecting provision: power pursuant to subs. (7) exercised (1.07.2015) by Health Act 1970 (Section 45A(7)) (Classes of Payments) Regulations 2015 (S.I. No. 277 of 2015), in effect as per reg. 1(2); revoked (2.08.2019) by Health Act 1970 (Section 45A(7)) (Classes of Payments) Regulations 2019 (S.I. No. 415 of 2019), reg. 3.
E144
Previous affecting provision: subs. (1A) substituted (18.12.2013) by Health (Alteration of Criteria for Eligibility) (No. 2) Act 2013 (42/2013), s. 1(a), commenced on enactment; substituted as per F-note above.
E145
Previous affecting provision: subs. (3) substituted (18.12.2013) by Health (Alteration of Criteria for Eligibility) (No. 2) Act 2013 (42/2013), s. 1(b), commenced on enactment; substituted as per F-note above.
E146
Previous affecting provision: subs. (8) inserted (19.04.2013) by Health (Alteration of Criteria for Eligibility) Act 2013 (10/2013), s. 3(e), S.I. No. 133 of 2013; substituted (1.11.2020) as per F-note above.
E147
Previous affecting provision: subs. (1A) inserted and subs. (3) substituted (19.04.2013) by Health (Alteration of Criteria for Eligibility) Act 2013 (10/2013), s. 3(b), (c), S.I. No. 133 of 2013; substituted as per F-note above.
Section 46
Limited eligibility.
F60[46.—Any person ordinarily resident in the State who is without full eligibility shall, subject to section 52(3), have limited eligibility for the services under this Part.]
Annotations
Amendments:
F60
Substituted (1.06.1991) by Health (Amendment) Act 1991 (15/1991), s. 3, S.I. No. 134 of 1991.
Editorial Notes:
E148
Power pursuant to section exercised (6.04.1979) by Health Services (Limited Eligibility) Regulations 1979 (S.I. No. 110 of 1979), in effect as per reg. 4.
E149
Previous affecting provision: subss. (1), (2) substituted by subs. (1) (6.04.1979) by Health Services (Limited Eligibility) Regulations 1979 (S.I. No. 100 of 1979), reg. 2, in effect as per reg. 4; section substituted as per F-note above.
E150
Previous affecting provision: subs. (1)(b) substituted (1.07.1976) by Health Services (Limited Eligibility) Regulations 1976 (S.I. No. 141 of 1979), reg. 2; subsection substituted as per E-note above.
E151
Previous affecting provision: power pursuant to section exercised (1.07.1976) by Health Services (Limited Eligibility) Regulations 1976 (S.I. No. 141 of 1976); revoked (6.04.1979) by Health Services (Limited Eligibility) Regulations 1979 (S.I. No. 110 of 1979), reg. 3, in effect as per reg. 4.
E152
Previous affecting provision: subss. (1), (2) substituted (27.09.1971) by Health Services (Limited Eligibility) Regulations 1971 (S.I. No. 276 of 1971), regs. 2, 3; subsections substituted as per E-note above.
E153
Previous affecting provision: power pursuant to section exercised (27.09.1971) by Health Services (Limited Eligibility) Regulations 1971 (S.I. No. 276 of 1971); revoked (6.04.1979) by Health Services (Limited Eligibility) Regulations 1979 (S.I. No. 110 of 1979), reg. 3, in effect as per reg. 4.
Section 47
Appeals.
47.—(1) When, in the administration of F61[sections 45 F62[, 45A], 46 or 58], an officer of a health board decides that a person does not come within a category specified by or under the relevant section, an appeal shall lie from the decision to a person (being either another officer of the health board or a person not such an officer) appointed or designated by the Minister.
(2) The Minister may by regulations provide for the making and determination of appeals under this section.
Annotations
Amendments:
F61
Substituted (11.03.2005) by Health (Amendment) Act 2005 (3/2005), s. 2, commenced on enactment.
F62
Inserted (1.01.2009) by Health Act 2008 (21/2008), s. 5, commenced as per s. 1(2).
F63
Substituted by Health (General Practitioner Service) Act 2014 (28/2014), s. 2, not commenced as of date of revision.
F64
Substituted (1.09.2018) by Health (General Practitioner Service) Act 2018 (13/2018), s. 2, S.I. No. 320 of 2018.
F65
Substituted by Health Service Executive (Governance) Act 2019 (17/2019), s. 33(1), commenced as per subs. (2) on commencement of 28/2014, s. 2, not commenced as of date of revision.
F66
Substituted by Health (Alteration of Criteria for Eligibility) Act 2013 (10/2013), s. 4, not commenced as of date of revision.
Modifications (not altering text):
C11
Prospective affecting provision: section substituted by Health (General Practitioner Service) Act 2014 (28/2014), s. 2, not commenced as of date of revision.
F63[
Appeals
47.—(1) When, in the administration of section 45, 45A, 46, 58, F64[58A, 58B or 58D], an employee of the Health Service Executive decides that a person does not come within a category specified by or under the relevant section, an appeal shall lie from the decision to a person appointed or designated for that purpose by the F65[chief executive officer of the Health Service Executive].
(2) A person appointed or designated under subsection (1) —
(a) may be an employee of the Health Service Executive, and
(b) where he or she is such an employee, shall hold a grade that is senior to the grade of the person who made the decision referred to in that subsection.
(3) The Minister may by regulations provide for the making and determination of appeals under this section.]
C12
Prospective affecting provision: section substituted by Health (Alteration of Criteria for Eligibility) Act 2013 (10/2013), s. 4, not commenced as of date of revision. Note that this section is prospectively repealed by Health (General Practitioner Service) Act 2014 (28/2014), s. 9, not commenced as of date of revision.
F66[
Appeals.
47.—(1) When, in the administration of section 45, 45A, 46, 58 or 58A, an employee of the Health Service Executive decides that a person does not come within a category specified by or under the relevant section, an appeal shall lie from the decision to a person (who may be an employee of the Health Service Executive) appointed or designated for that purpose by the Minister.
(2) The Minister may by regulations provide for the making and determination of appeals under this section.]
C13
Reference to “health board” in subs. (1) construed as reference to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 56(a), 66, S.I. No. 887 of 2004.
Definitions (Part 10).
56.—In this Part “specified body” means—
(a) the health boards,
…
References to specified bodies.
66.—Subject to this Act, references (however expressed) to a specified body in any Act passed before the establishment day, or in any instrument made before that day under an Act, are to be read as references to the Executive, unless the context otherwise requires.
Section 47A
F67[
Guidelines on “ordinarily resident in the State”.
47A.—The Minister may issue guidelines to—
(a) the Health Service Executive, and
(b) persons appointed or designated by him or her under section 47(1),
to assist those persons in making decisions or determining appeals as to whether a person is ordinarily resident in the State for the purposes of section 45, 45A, 46, F68[53C(9)(bb)], F69[58, F70[58A, F71[58B, 58D, 62A or 67E]]].]
Annotations
Amendments:
F67
Substituted (19.04.2013) by Health (Alteration of Criteria for Eligibility) Act 2013 (10/2013), s. 5, S.I. No. 133 of 2013.
F68
Inserted (21.09.2022) by Health (Miscellaneous Provisions) (No. 2) Act 2022 (20/2022), s. 3, S.I. No. 452 of 2022.
F69
Substituted (1.07.2015) by Health (General Practitioner Service) Act 2014 (28/2014), s. 3(b), S.I. No. 267 of 2015.
F70
Substituted (1.09.2013) by Health (General Practitioner Service) Act 2018 (13/2018), s. 3, S.I. No. 320 of 2018.
F71
Substituted (14.09.2022) by Health (Miscellaneous Provisions) (No. 2) Act 2022 (20/2022), s. 5, S.I. No. 452 of 2022.
F72
Deleted by Health (General Practitioner Service) Act 2014 (28/2014), s. 3(a), not commenced as of date of revision.
Modifications (not altering text):
C14
Prospective affecting provision: para. (b) amended by Health (General Practitioner Service) Act 2014 (28/2014), s. 3(a), not commenced as of date of revision.
47A.— The Minister may issue guidelines to— …
(b) persons appointed or designated F72[…] under section 47(1),
…
Editorial Notes:
E154
Previous affecting provision: section amended (1.01.2019) by Health (Regulation of Termination of Pregnancy) Act 2018 (31/2018), s. 26(a), S.I. No. 594 of 2018; section substituted (14.09.2022) as per F-note above.
E155
Previous affecting provision: section amended (1.01.2009) by Health Act 2008 (21/2008), s. 6, commenced as per s. 1(2); section substituted as per F-note above.
E156
Previous affecting provision: section amended (11.03.2005) by Health (Amendment) Act 2005 (3/2005), s. 3, commenced on enactment; section substituted as per F-note above.
E157
Previous affecting provision: section inserted (1.06.1991) by Health (Amendment) Act 1991 (15/1991), s. 4, S.I. No. 134 of 1991; section substituted as per F-note above.
Section 48
Declaration regarding means.
48.—For the purpose of determining whether a person is or is not a person with full eligibility or a person with limited eligibility, or a person entitled to a particular service provided under the Health Acts, 1947 to 1970, a health board may require that person to make a declaration in such form as it considers appropriate in relation to his means and may take such steps as it thinks fit to verify the declaration.
Annotations
Modifications (not altering text):
C15
Reference to “health board” construed as reference to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 56(a), 66, S.I. No. 887 of 2004.
Definitions (Part 10).
56.—In this Part “specified body” means—
(a) the health boards,
…
References to specified bodies.
66.—Subject to this Act, references (however expressed) to a specified body in any Act passed before the establishment day, or in any instrument made before that day under an Act, are to be read as references to the Executive, unless the context otherwise requires.
Section 48A
F73[
Review of eligibility in certain circumstances.
48A.—F74[(1) Where a person is notified by the Health Service Executive that he or she has full eligibility under this Part by reason of section 45(5A) or 45A, he or she shall, if requested to do so by the Health Service Executive at any time after such notification, furnish to the Health Service Executive such information regarding that person’s income and assets as the Health Service Executive considers necessary for it to establish if that person has or continues to have full eligibility.]
(2) Where a person fails or refuses to furnish the information requested by the Health Service Executive under subsection (1) within such reasonable period as is specified in the request the Health Service Executive may suspend or cancel the full eligibility of such person.
(3) A person who by reason of section 45(5A) or section 45A had, prior to the coming into operation of this section, been notified by the Health Service Executive that he or she had full eligibility under this Part and who by reason of the amendments to section 45A effected by section 3 of the Health (Alteration of Criteria for Eligibility) Act 2013 ceases to have such eligibility, shall retain such eligibility until 31 May 2013.]
F75[(4) A person—
(a) who by reason of section 45(5A) or 45A had, prior to 1 January 2014, been notified by the Health Service Executive that he or she had full eligibility under this Part,
(b) who continued to have such full eligibility until 31 December 2013, and
(c) who by reason of the amendments to section 45A effected by section 1 of the Health (Alteration of Criteria for Eligibility) (No. 2) Act 2013 ceases to have such eligibility,
shall retain such eligibility until 28 February 2014.]
Annotations
Amendments:
F73
Inserted (19.04.2013) by Health (Alteration of Criteria for Eligibility) Act 2013 (10/2013), s. 6, S.I. No. 133 of 2013.
F74
Substituted (18.12.2013) by Health (Alteration of Criteria for Eligibility) (No. 2) Act 2013 (42/2013), s. 2(a), commenced on enactment.
F75
Inserted (18.12.2013) by Health (Alteration of Criteria for Eligibility) (No. 2) Act 2013 (42/2013), s. 2(b), commenced on enactment.
Section 49
Change of circumstances.
49.—(1) Where a person is recorded by a health board as entitled, because of specified circumstances, to a service provided by the board under the Health Acts, 1947 to 1970, he shall notify the board of any change in those circumstances which disentitles him to the service.
F76[(1A) A person who has attained the age of 70 years before 1 January 2009 and who has received confirmation before that date from the Health Service Executive, or has communicated in writing before that date with the Health Service Executive with a view to receiving confirmation from it, that he or she has full eligibility for the services under this Part shall, no later than 2 March 2009—
(a) review his or her gross income from all sources, other than the sources referred to in section 45A(5), and
(b) notify the Health Service Executive if he or she has concluded that that income exceeds the relevant gross income limit set out in section 45A, unless the person has received confirmation from the Health Service Executive that he or she has full eligibility for the services under this Part otherwise than under section 45(5A).]
(2) A person who knowingly contravenes subsection (1) F76[or (1A)] shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding £50.
Annotations
Amendments:
F76
Inserted (1.01.2009) by Health Act 2008 (21/2008), s. 7(a), (b), commenced as per s. 1(2).
Modifications (not altering text):
C16
Reference to “health board” in subs. (1) construed as reference to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 56(a), 66, S.I. No. 887 of 2004.
Definitions (Part 10).
56.—In this Part “specified body” means—
(a) the health boards,
…
References to specified bodies.
66.—Subject to this Act, references (however expressed) to a specified body in any Act passed before the establishment day, or in any instrument made before that day under an Act, are to be read as references to the Executive, unless the context otherwise requires.
Editorial Notes:
E158
A fine of £50 converted (1.01.1999) to €63.49. This translates into a Class D fine not exceeding €1,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(2) and table ref. no. 5, S.I. No. 662 of 2010.
Section 50
Charge where person not entitled obtains service.
50.—When a person has obtained a service under the Health Acts, 1947 to 1970, and it is ascertained that he was not entitled to the service, the appropriate health board may charge therefor a charge approved of or directed by the Minister.
Annotations
Modifications (not altering text):
C17
Reference to “health board” construed as reference to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 56(a), 66, S.I. No. 887 of 2004.
Definitions (Part 10).
56.—In this Part “specified body” means—
(a) the health boards,
…
References to specified bodies.
66.—Subject to this Act, references (however expressed) to a specified body in any Act passed before the establishment day, or in any instrument made before that day under an Act, are to be read as references to the Executive, unless the context otherwise requires.
Chapter II
Hospital In-Patient and Out-Patient Services
Section 51
F77[
In-patient services.
51.—In this Part—
“acute in-patient services” means in-patient services provided—
(a) in a hospital for the care and treatment of patients with acute ailments (including psychiatric ailments), and
(b) to persons requiring medically acute care and treatment F78[(including care and treatment in respect of motherhood or termination of pregnancy)];
“in-patient services” means institutional services provided for persons while maintained in a hospital, convalescent home or home for persons suffering from physical or mental disability or in accommodation ancillary thereto;
“long-term residential care services” means long-term residential care services within the meaning of the Nursing Homes Support Scheme Act 2009.]
Annotations
Amendments:
F77
Substituted (2.09.2016) by Health (Amendment) Act 2013 (31/2013), s. 8, S.I. No. 466 of 2016.
F78
Substituted (1.01.2019) by Health (Regulation of Termination of Pregnancy) Act 2018 (31/2018), s. 26(b), S.I. No. 594 of 2018.
Section 52
Provision of in-patient services.
52.—(1) A health board shall make available in-patient services for persons with full eligibility and persons with limited eligibility.
F79[(1A) The Health Service Executive may make available long-term residential care services F80[…].]
(2) F80[…]
F81[(3) F82[Where,] in respect of in-patient services, a person with full eligibility or limited eligibility for such services F82[does not avail of or waives his or her right to avail of, some part of those services] but instead avails of like services not provided under section 52(1), then the person shall, while being maintained for the said in-patient services, be deemed not to have full eligibility or limited eligibility, as the case may be, for those in-patient services.]
Annotations
Amendments:
F79
Inserted (27.10.2009) by Nursing Homes Support Scheme Act 2009 (15/2009), s. 34(1), S.I. No. 423 of 2009.
F80
Deleted (1.01.2017) by Health (Amendment) Act 2013 (31/2013), s. 9(a), (b), S.I. No. 466 of 2016.
F81
Inserted (1.06.1991) by Health (Amendment) Act 1991 (15/1991), s. 5, S.I. No. 134 of 1991.
F82
Substituted (1.01.2017) by Health (Amendment) Act 2013 (31/2013), s. 9(c), S.I. No. 466 of 2016.
Modifications (not altering text):
C18
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
…
Schedule 1
Enactments
…
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 1 of 1970
Health Act 1970
Sections 44, 45, 52, 53, 56 and 59
…
…
…
C19
Reference to “health board” in subs. (1) construed as reference to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 56(a), 66, S.I. No. 887 of 2004.
Definitions (Part 10).
56.—In this Part “specified body” means—
(a) the health boards,
…
References to specified bodies.
66.—Subject to this Act, references (however expressed) to a specified body in any Act passed before the establishment day, or in any instrument made before that day under an Act, are to be read as references to the Executive, unless the context otherwise requires.
Editorial Notes:
E159
Power pursuant to section exercised (5.07.1973) by Health Services Regulations 1973 (S.I. No. 184 of 1973), in effect as per reg. 2.
E160
Power pursuant to section exercised (1.10.1971) by Health Services (Amendment) Regulations 1971 (S.I. No. 277 of 1971), in effect as per reg. 3.
Section 53
Charges for in-patient services.
53.—F83[…]
Annotations
Amendments:
F83
Repealed (1.01.2017) by Health (Amendment) Act 1991 (31/2013), s. 10, S.I. No. 466 of 2016.
Editorial Notes:
E161
Previous affecting provision: functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9; section repealed as per F-note above.
E162
Previous affecting provision: power pursuant to subs. (2) exercised (23.07.2011) by Health (Charges for In-Patient Services) (Amendment) Regulations 2011 (S.I. No. 382 of 2011), in effect as per reg. 6; rendered obsolete by revocation of Health (Charges For In-Patient Services) Regulations 2005 (S.I. No. 276 of 2005) (1.01.2017) by Health (Residential Support Services Maintenance and Accommodation Contributions) Regulations 2016 (S.I. No. 467 of 2016), reg. 3, in effect as per reg. 1(2).
E163
Previous affecting provision: subs. (1B) amended (27.10.2009) by Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 61(1), commenced as per subs. (2); section repealed as per F-note above.
E164
Previous affecting provision: subs. (1) substituted, subss. (1A)-(1C) inserted (27.10.2009) by Nursing Homes Support Scheme Act 2009 (15/2009), s. 34(2)(a), (b), S.I. No. 423 of 2009; section repealed as per F-note above.
E165
Previous affecting provision: power pursuant to section exercised (1.01.2009) by Health (In-Patient Charges) (Amendment) Regulations 2008 (S.I. No. 543 of 2008), in effect as per reg. 3; section repealed as per F-note above.
E166
Previous affecting provision: power pursuant to section exercised (1.01.2009) by Health (Charges for In-Patient Services) (Amendment) Regulations 2008 (S.I. No. 521 of 2008), in effect as per reg. 4; rendered obsolete by revocation of Health (Charges For In-Patient Services) Regulations 2005 (S.I. No. 276 of 2005) (1.01.2017) by Health (Residential Support Services Maintenance and Accommodation Contributions) Regulations 2016 (S.I. No. 467 of 2016), reg. 3, in effect as per reg. 1(2).
E167
Previous affecting provision: power pursuant to section exercised (1.01.2008) by Health (In-Patient Charges) (Amendment) Regulations 2007 (S.I. No. 824 of 2007), in effect as per reg. 3; superseded (1.01.2009) by Health (In-Patient Charges) (Amendment) Regulations 2008 (S.I. No. 543 of 2008), reg. 2, in effect as per reg 3.
E168
Previous affecting provision: power pursuant to section exercised (15.12.2006) by Health (Charges for In-Patient Services) (Amendment) Regulations 2006 (S.I. No. 649 of 2006), in effect as per reg. 3; rendered obsolete by revocation of Health (Charges For In-Patient Services) Regulations 2005 (S.I. No. 276 of 2005) (1.01.2017) by Health (Residential Support Services Maintenance and Accommodation Contributions) Regulations 2016 (S.I. No. 467 of 2016), reg. 3, in effect as per reg. 1(2).
E169
Previous affecting provision: power pursuant to section exercised (1.01.2006) by Health (In-Patient Charges) (Amendment) Regulations 2005 (S.I. No. 762 of 2005), in effect as per reg. 3; superseded (1.01.2008) by Health (In-Patient Charges) (Amendment) Regulations 2007 (S.I. No. 824 of 2007), reg. 2, in effect as per reg. 3.
E170
Previous affecting provision: power pursuant to section exercised (14.06.2005) by Health (Charges For In-Patient Services) Regulations 2005 (S.I. No. 276 of 2005); revoked (1.01.2017) by Health (Residential Support Services Maintenance and Accommodation Contributions) Regulations 2016 (S.I. No. 467 of 2016), reg. 3, in effect as per reg. 1(2).
E171
Previous affecting provision: subs. (2) amended and subss. (3)-(8) inserted (11.03.2005) by Health (Amendment) Act 2005 (3/2005) s. 4(a), (b), commenced on enactment; section repealed as per F-note above.
E172
Previous affecting provision: power pursuant to section exercised (1.01.2005) by Health (In-Patient Charges) (Amendment) Regulations 2004 (S.I. No. 825 of 2004), in effect as per reg. 3; superseded (14.06.2005) by Health (Charges For In-Patient Services) Regulations 2005 (S.I. No. 276 of 2005), reg. 2, in effect as per reg. 3.
E173
Previous affecting provision: power pursuant to section exercised (1.01.2004) by Health (In-Patient Charges) (Amendment) Regulations 2003 (S.I. No. 654 of 2003), in effect as per reg. 3; superseded (1.01.2005) by Health (In-Patient Charges) (Amendment) Regulations 2004 (S.I. No. 825 of 2004), reg. 2, in effect as per reg. 3.
E174
Previous affecting provision: power pursuant to section exercised (25.07.2003) by Health (In-Patient Charges) (Amendment) Regulations 2003 (S.I. No. 348 of 2003); section repealed as per F-note above.
E175
Previous affecting provision: power pursuant to section exercised (1.01.2003) by Health (In-Patient Charges) (Amendment) (No. 2) Regulations 2002 (S.I. No. 553 of 2002), in effect as per reg. 3; superseded (1.01.2004) by Health (In-Patient Charges) (Amendment) Regulations 2003 (S.I. No. 654 of 2003), reg. 2, in effect as per reg. 3.
E176
Previous affecting provision: power pursuant to section exercised (1.08.2002) by Health (In-Patient Charges) (Amendment) Regulations 2002 (S.I. No. 367 of 2002), in effect as per reg. 3; superseded (1.01.2003) by Health (In-Patient Charges) (Amendment) (No. 2) Regulations 2002 (S.I. No. 553 of 2002), reg. 2, in effect as per reg. 3.
E177
Previous affecting provision: power pursuant to section exercised (1.01.2002) by Health (In-Patient Charges) (Amendment) Regulations 2001 (S.I. No. 582 of 2001), in effect as per reg. 3; superseded (1.08.2002) by Health (In-Patient Charges) (Amendment) Regulations 2002 (S.I. No. 367 of 2002), reg. 2, in effect as per reg. 3.
E178
Previous affecting provision: power pursuant to section exercised (1.01.2000) by Health (In-Patient Charges) (Amendment) Regulations 1999 (S.I. No. 401 of 1999), in effect as per reg. 3; superseded (1.01.2002) by Health (In-Patient Charges) (Amendment) Regulations 2001 (S.I. No. 582 of 2001), reg. 2, in effect as per reg. 3.
E179
Previous affecting provision: power pursuant to section exercised (1.01.1998) by Health (Inpatient Charges) (Amendment) Regulations 1997 (S.I. No. 510 of 1997), in effect as per reg. 3; superseded (1.01.2000) by Health (In-Patient Charges) (Amendment) Regulations 1999 (S.I. No. 401 of 1999), reg. 2, in effect as per reg. 3.
E180
Previous affecting provision: power pursuant to section exercised (1.03.1994) by Health (In-Patient Charges) (Amendment) Regulations 1994 (S.I. No. 38 of 1994), in effect as per reg. 3; superseded (1.01.1998) by Health (Inpatient Charges) (Amendment) Regulations 1997 (S.I. No. 510 of 1997), reg. 2, in effect as per reg. 3.
E181
Previous affecting provision: power pursuant to section exercised (1.03.1993) by Health (In-Patient Charges) (Amendment) Regulations 1993 (S.I. No. 50 of 1993), in effect as per reg. 3; superseded (1.03.1994) by Health (In-Patient Charges) (Amendment) Regulations 1994 (S.I. No. 38 of 1994), reg. 2, in effect as per reg. 3.
E182
Previous affecting provision: power pursuant to section exercised (1.01.1992) by Health (In-Patient Charges) (Amendment) Regulations 1991 (S.I. No. 366 of 1991), in effect as per reg. 3; superseded (1.03.1993) by Health (In-Patient Charges) (Amendment) Regulations 1993 (S.I. No. 50 of 1993), reg. 2, in effect as per reg. 3.
E183
Previous affecting provision: power pursuant to section exercised (1.01.1991) by Health (In-Patient Charges) (Amendment) Regulations 1990 (S.I. No. 335 of 1990), in effect as per reg. 3; superseded (1.01.1992) by Health (In-Patient Charges) (Amendment) Regulations 1991 (S.I. No. 366 of 1991), reg. 2, in effect as per reg. 3.
E184
Previous affecting provision: power pursuant to section exercised (1.01.1988) by Health (Charges For In-Patient Services) (Amendment) Regulations 1987 (S.I. No. 300 of 1987), in effect as per reg. 2; section repealed as per F-note above.
E185
Previous affecting provision: power pursuant to section exercised (18.05.1987) by Health (In-Patient Charges) Regulations 1987 (S.I. No. 116 of 1987), in effect as per reg. 5; section repealed as per F-note above.
E186
Previous affecting provision: power pursuant to subs. (2) exercised (1.07.1986) by Health (Hospital In-Patient Charges) Regulations 1986 (S.I. No. 221 of 1986), in effect as per reg. 3; section repealed as per F-note above.
E187
Previous affecting provision: power pursuant to section exercised (1.06.1984) by Health (Hospital In-Patient Charges) Regulations 1984 (S.I. No. 94 of 1984), in effect as per reg. 3; section repealed as per F-note above.
E188
Previous affecting provision: power pursuant to section exercised (6.08.1976) by Health (Charges For In-Patient Services) Regulations 1976 (S.I. No. 180 of 1976); revoked (14.07.2005) by Health (Charges For In-Patient Services) Regulations 2005 (S.I. No. 276 of 2005), reg. 6.
E189
Previous affecting provision: power pursuant to section exercised (1.10.1971) by Health Services (Amendment) Regulations 1971 (S.I. No. 277 of 1971), in effect as per reg. 3; section repealed as per F-note above.
E190
Previous affecting provision: power pursuant to section exercised (1.04.1971) by Health Services Regulations 1971 (S.I. No. 105 of 1971), in effect as per reg. 3; section repealed as per F-note above.
Section 53A
F84[
Charges for in-patient services in certain cases.
53A.—F85[(1) This section applies where—
(a) in-patient services (not being long-term residential care services) are provided to a person in a hospital for the care and treatment of patients with acute ailments (including any psychiatric ailments) and a registered medical practitioner designated by the Health Service Executive has certified in writing that the person in receipt of such services does not require medically acute care and treatment in respect of any such ailment, or
(b) in-patient services are being provided to a person—
(i) who is a resident in a designated centre for older people (as defined in the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2009 (S.I. No. 236 of 2009)) at which centre services are provided by or on behalf of the Health Service Executive,
(ii) who first began to receive those in-patient services on or after 27 October 2009,
(iii) who is not being provided with State support or ancillary State support under the Nursing Homes Support Scheme Act 2009, and
(iv) in respect of whom a registered medical practitioner designated by the Health Service Executive has certified in writing that long-term residential care services are required.]
(2) Where this section applies, notwithstanding F86[section 67C], charges may be made in respect of in-patient services on the basis specified in subsection (3) as if those services were long-term residential care services F87[…] provided by the Health Service Executive, and whether or not the person concerned has made an application for State support under section 9 of that Act.
(3) The charges referred to in subsection (2) shall be determined by the average cost of long-term residential care services as determined by the Health Service Executive in facilities operated by the Health Service Executive and publicly designated in writing as facilities predominantly for the care of older people.
(4) Subject to subsection (5), this section shall not apply where a person has applied for a care needs assessment under section 7 of the Nursing Homes Support Scheme Act 2009 and is awaiting a determination by the Executive under section 7 of that Act.
(5) Subsection (4) shall not apply where a person withdraws an application under section 7 of the Nursing Homes Support Scheme Act 2009 and makes a subsequent application.]
Annotations
Amendments:
F84
Inserted (27.10.2009) by Nursing Homes Support Scheme Act 2009 (15/2009), s. 34(3), S.I. No. 423 of 2009.
F85
Substituted (7.02.2014) by Health (Amendment) Act 2013 (31/2013), s. 11(a), S.I. No. 74 of 2014.
F86
Substituted (1.01.2017) by Health (Amendment) Act 2013 (31/2013), s. 11(b)(i), S.I. No. 466 of 2016.
F87
Deleted (1.01.2017) by Health (Amendment) Act 2013 (31/2013), s. 11(b)(ii), S.I. No. 466 of 2016.
Section 53B
F88[
Charges for long-term residential care services.
53B.—(1) Charges shall be made for long-term residential care services in accordance with the Nursing Homes Support Scheme Act 2009.
(2) A reference in subsection (1) to long-term residential care services shall be construed as a reference to such services provided to a person who first began to receive those services on or after 27 October 2009.
(3) A person who is required by or under section 67C to make payment of a residential support services maintenance and accommodation contribution shall not be required to pay charges under this section.
(4) In any enactment—
(a) a reference to section 53(1A) shall be construed as a reference to subsection (1),
(b) a reference to section 53(1B) shall be construed as a reference to subsection (2),
(c) a reference to section 53(1C) shall be construed as a reference to subsection (3),
(d) a reference to section 53 other than subsections (1A), (1B) or (1C) shall be construed as a reference to—
(i) section 53C,
(ii) section 67C, or
(iii) to both sections 53C and 67C,
as the context requires,
(e) a reference to a charge under section 53 (other than subsections (1A), (1B) or (1C)) shall be construed as a reference to—
(i) a charge under section 53C,
(ii) a contribution under section 67C, or
(iii) to both a charge under section 53C and a contribution under section 67C,
as the context requires.]
Annotations
Amendments:
F88
Inserted (1.01.2017) by Health (Amendment) Act 2013 (31/2013), s. 12, S.I. No. 466 of 2016.
Section 53C
F89[Charges for acute in-patient services.
53C.—F90[…]]
Annotations
Amendments:
F89
Inserted (1.01.2017) by Health (Amendment) Act 2013 (31/2013), s. 12, S.I. No. 466 of 2016.
F90
Repealed (17.04.2023) by Health (Amendment) Act 2023 (7/2023), s. 1(1), S.I. No. 165 of 2023.
Editorial Notes:
E191
Previous affecting provision: subs. (9)(aa), (bb) inserted and (9)(c), (d) amended (21.09.2022) by Health (Miscellaneous Provisions) (No. 2) Act 2022 (20/2022), s. 4(a)-(d), S.I. No. 452 of 2022; section repealed (17.04.2023) as per F-note above.
E192
Previous affecting provision: power pursuant to subs. (3) exercised (10.05.2021) by Health (Acute In-Patient Charges) Regulations 2021 (S.I. No. 213 of 2021), in effect as per reg. 2; revoked (17.04.2023) by Health (Amendment) Act 2023 (7/2023), s. 1(2), S.I. No. 165 of 2023.
E193
Previous affecting provision: subs. (6) amended (1.11.2020) by Health (General Practitioner Service and Alteration of Criteria for Eligibility) Act 2020 (11/2020), s. 3, commenced on enactment; section repealed (17.04.2023) as per F-note above.
E194
Previous affecting provision: subs. (9)(ba) inserted (1.01.2019) by Health (Regulation of Termination of Pregnancy) Act 2018 (31/2018), s. 26(c), S.I. No. 594 of 2018; section repealed (17.04.2023) as per F-note above.
E195
Previous affecting provision: subs. (9)(g) amended, (h) inserted (30.11.2017) by Redress for Women Resident in Certain Institutions Act 2015 (8/2015), s. 3(a), (b), S.I. No. 541 of 2017; section repealed (17.04.2023) as per F-note above.
Section 54
In-patient services at choice of patient, etc.
54.—F91[…]
Annotations
Amendments:
F91
Repealed (1.09.1993) by Health (Nursing Homes) Act 1990 (23/1990), s. 15(1), S.I. No. 222 of 1993, subject to transitional provision in subs. (2).
Editorial Notes:
E196
Previous affecting provision: power pursuant to section exercised (1.04.1971) by Health Services Regulations 1971 (S.I. No. 105 of 1971), in effect as per reg. 3; section repealed as per F-note above.
Section 55 55
F92[
In-patient services for persons not entitled, or who have waived entitlement, to services under section 52.
55.—(1) (a) The Health Service Executive may, subject to any regulations made under subsection (3), make available in-patient services for persons who—
(i) do not establish entitlement to such services under section 52, or
(ii) are deemed under section 52(3) not to have full eligibility or limited eligibility for such services, or to have waived their eligibility for such services.
(b) The Health Service Executive shall make a charge in respect of anysuch in-patient services which are provided—
(i) in a hospital specified in the Fifth Schedule, or
(ii) in a hospital specified in the Sixth Schedule,
in accordance with the table of charges specified in the Fourth Schedule which relate to the hospital concerned.
(2) (a) Where in-patient services are provided by another person on behalf of the Health Service Executive, that person shall make a charge in respect of any such services in accordance with the Fourth Schedule.
(b) A person who makes a charge in accordance with paragraph (a) shall account to the Health Service Executive for all such charges made and monies received in respect of those charges.
(3) (a) The Minister may, for the purposes of subsection (1), make regulations prescribing the manner in which any in-patient services provided under this section are to be made available by the Health Service Executive, including the manner in which hospital beds are to be designated and the circumstances in which beds designated for persons who have full eligibility or limited eligibility may be occupied by persons who do not have such eligibility or are deemed under section 52(3) not to have such eligibility, or to have waived their eligibility for such services.
(b) Paragraph (a) is without prejudice to the operation of section 38 of the Health Act 2004.
(4) (a) The Minister may by regulations prescribe a hospital for the purposes of the Fifth Schedule or the Sixth Schedule and, where the Minister so prescribes, the hospital concerned shall stand specified in the Fifth Schedule or the Sixth Schedule, as the case may be, in accordance with those regulations.
(b) The Minister may by regulations delete a hospital which stands specified in the Fifth Schedule or the Sixth Schedule from the Schedule concerned.
(c) In making regulations—
(i) prescribing a hospital pursuant to paragraph (a), or
(ii) deleting a hospital pursuant to paragraph (b),
the Minister shall have regard to the level of medical complexity of the treatments routinely provided to patients as part of in-patient services at the hospital concerned.
(d) Before making regulations under paragraph (a) or (b), the Minister shall consult with the Health Service Executive.]
Annotations
Amendments:
F92
Substituted (1.01.2014) by Health (Amendment) Act 2013 (31/2013), s. 13(1), commenced as per s. 2(2), subject to transitional provision in subs. (2).
Editorial Notes:
E197
Power pursuant to subs. (4) exercised (1.01.2019) by Health Act 1970 (Fifth Schedule) Regulations 2018 (S.I. No. 554 of 2018), in effect as per reg. 2.
E198
Power pursuant to subs. (4) exercised (11.02.2014) by Health Act 1970 (Fifth and Sixth Schedules) Regulations 2014 (S.I. No. 75 of 2014), in effect as per reg. 2.
E199
Power pursuant to section exercised (1.06.1991) by Health Services (In-Patient) Regulations 1991 (S.I. No. 135 of 1991).
E200
Previous affecting provision: section substituted (1.06.1991) by Health (Amendment) Act 1991 (15/1991), s. 6, S.I. No. 134 of 1991; section substituted (1.01.2014) as per F-note above.
Section 56
Out-patient services.
56.—(1) For the purposes of this section “out-patient services” means institutional services other than in-patient services provided at, or by persons attached to, a hospital or home and institutional services provided at a laboratory, clinic, health centre or similar premises, but does not include—
(a) the giving of any drug, medicine or other preparation, except where it is administered to the patient direct by a person providing the service or is for psychiatric treatment, or
(b) dental, ophthalmic or aural services.
F93[(2) A health board shall, subject to any regulations relating to the services under this section made by virtue of subsection (5), make out-patient services available for persons with full eligibility and persons with limited eligibility.
(3) A health board shall make out-patient services available without charge for children in respect of diseases and disabilities of a permanent or long term nature prescribed by the Minister with the consent of the Minister for Finance.
(4) A health board shall make out-patient services available without charge for children in respect of defects noticed at a health examination held pursuant to the service provided under section 66.
(5) (a) Regulations in relation to the services under this section may—
(i) provide for the imposition of charges for out-patient services including the giving of any drug, medicine or other preparation in specified circumstances for persons who are not persons with full eligibility and are not children specified in subsection (3) or (4), and
(ii) specify the amounts or the maximum amounts of such charges and, if the Minister thinks fit, different amounts in respect of different services or in respect of services made available in different circumstances or to different classes of persons (the circumstances and classes being designated in such manner and by reference to such matters as the Minister may determine).
(b) Regulations relating to the matters specified in paragraph (a) may contain such ancillary or subsidiary provisions as the Minister considers necessary or expedient, including provisions for the collection and disposal of charges imposed by the regulations.
(c) Regulations relating to the matters specified in paragraph (a) shall not be made without the consent of the Minister for Finance.]
F94[(d) Regulations under this section may also specify the circumstances in which a person’s entitlement to out-patient services shall extend to services provided by a registered medical practitioner engaged in a consultant capacity in the provision of hospital services and may provide that, where a person’s entitlement does not so extend, the health board concerned may charge for the provision of out-patient services such charges as may be approved of or directed by the Minister.]
Annotations
Amendments:
F93
Substituted (11.04.1987) by Health (Amendment) Act 1987 (3/1987), s. 1, commenced on enactment.
F94
Inserted (1.06.1991) by Health (Amendment) Act 1991 (15/1991), s. 7, S.I. No. 134 of 1991.
Modifications (not altering text):
C20
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
…
Schedule 1
Enactments
…
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 1 of 1970
Health Act 1970
Sections 44, 45, 52, 53, 56 and 59
…
…
…
C21
Term “registered medical practitioner” construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), S.I. No. 231 of 2008.
Construction of references to registered medical practitioner and Medical Council, etc.
108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2.
…
C22
Reference to “health board” in subs. (5)(d) construed as references to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 56(a), 66, S.I. No. 887 of 2004.
Definitions (Part 10).
56.—In this Part “specified body” means—
(a) the health boards,
…
References to specified bodies.
66.—Subject to this Act, references (however expressed) to a specified body in any Act passed before the establishment day, or in any instrument made before that day under an Act, are to be read as references to the Executive, unless the context otherwise requires.
Editorial Notes:
E201
Power pursuant to section exercised (23.12.2019) by Health (Out-Patient Charges) Regulations 2019 (S.I. No. 693 of 2019), in effect as per reg. 1(2).
E202
Power pursuant to section exercised (1.07.1993) by Health Services (Out-Patient) Regulations 1993 (S.I. No. 178 of 1993).
E203
Power pursuant to subs. (3) exercised (14.04.1987) by Health Services (Amendment) Regulations 1987 (S.I. No. 114 of 1987).
E204
Power pursuant to section exercised (5.07.1973) by Health Services Regulations 1973 (S.I. No. 184 of 1973).
E205
Power pursuant to section exercised (1.10.1971) by Health Services (Amendment) Regulations 1971 (S.I. No. 277 of 1971).
E206
Previous affecting provision: power pursuant to section exercised (30.11.2017) by Health (Out-Patient Charges) Regulations 2017 (S.I. No. 548 of 2017), in effect as per reg. 1(2); revoked (23.12.2019) by Health (Out-Patient Charges) Regulations 2019 (S.I. No. 693 of 2019), reg. 6, in effect as per reg. 1(2).
E207
Previous affecting provision: power pursuant to section exercised (1.03.2013) by Health (Out-Patient Charges) Regulations 2013 (S.I. No. 45 of 2013), in effect as per reg. 1(2); revoked (30.11.2017) by Health (Out-Patient Charges) Regulations 2017 (S.I. No. 548 of 2017), reg. 4, in effect as per reg. 1(2).
E208
Previous affecting provision: power pursuant to section exercised (1.01.2009) by Health (Out-Patient Charges) (Amendment) Regulations 2008 (S.I. No. 544 of 2008), in effect as per reg. 2; rendered obsolete by revocation of Health (Out-Patient Charges) Regulations 1994 (S.I. No. 37 of 1994) (1.03.2013) by Health (Out-Patient Charges) Regulations 2013 (S.I. No. 45 of 2013), reg. 4.
E209
Previous affecting provision: power pursuant to section exercised (1.01.2008) by Health (Out-Patient Charges) (Amendment) Regulations 2007 (S.I. No. 825 of 2007), in effect as per reg. 2; superseded (1.01.2009) by Health (Out-Patient Charges) (Amendment) Regulations 2008 (S.I. No. 544 of 2008), reg. 3, in effect as per reg. 2.
E210
Previous affecting provision: power pursuant to section exercised (1.01.2006) by Health (Out-Patient Charges) (Amendment) Regulations 2005 (S.I. No. 761 of 2005), in effect as per reg. 2; superseded (1.01.2008) by Health (Out-Patient Charges) (Amendment) Regulations 2007 (S.I. No. 825 of 2007), reg. 3, in effect as per reg. 2.
E211
Previous affecting provision: power pursuant to section exercised (1.01.2005) by Health (Out-Patient Charges) (Amendment) Regulations 2004 (S.I. No. 826 of 2004), in effect as per reg. 2; superseded (1.01.2006) by Health (Out-Patient Charges) (Amendment) Regulations 2005 (S.I. No. 761 of 2005), reg. 3, in effect as per reg. 2.
E212
Previous affecting provision: power pursuant to section exercised (1.01.2004) by Health (Out-Patient Charges) (Amendment) Regulations 2003 (S.I. No. 653 of 2003), in effect as per reg. 2; superseded (1.01.2005) by Health (Out-Patient Charges) (Amendment) Regulations 2004 (S.I. No. 826 of 2004), reg. 3, in effect as per reg. 2.
E213
Previous affecting provision: power pursuant to section exercised (25.07.2003) by Health (Out-Patient Charges) (Amendment) Regulations 2003 (S.I. No. 349 of 2003); rendered obsolete by revocation of Health (Out-Patient Charges) Regulations 1994 (S.I. No. 37 of 1994) (1.03.2013) by Health (Out-Patient Charges) Regulations 2013 (S.I. No. 45 of 2013), reg. 4.
E214
Previous affecting provision: power pursuant to section exercised (1.08.2002) by Health (Out-Patient Charges) (Amendment) Regulations 2002 (S.I. No. 366 of 2002), in effect as per reg. 2; superseded (1.01.2004) by Health (Out-Patient Charges) (Amendment) Regulations 2003 (S.I. No. 653 of 2003), reg. 3, in effect as per reg. 2.
E215
Previous affecting provision: power pursuant to section exercised (1.01.2002) by Health (Out-Patient Charges) (Amendment) Regulations 2001 (S.I. No. 583 of 2001), in effect as per reg. 2; superseded (1.08.2002) by Health (Out-Patient Charges) (Amendment) Regulations 2002 (S.I. No. 366 of 2002), reg. 3, in effect as per reg. 2.
E216
Previous affecting provision: power pursuant to section exercised (1.01.2000) by Health (Out-Patient Charges) (Amendment) Regulations 1999 (S.I. No. 402 of 1999), in effect as per reg. 2; superseded (1.01.2002) by Health (Out-Patient Charges) (Amendment) Regulations 2001 (S.I. No. 583 of 2001), reg. 3, in effect as per reg. 2.
E217
Previous affecting provision: power pursuant to section exercised (1.01.1998) by Health (Out-Patient Charges) (Amendment) Regulations 1997 (S.I. No. 509 of 1997), in effect as per reg. 2; superseded (1.01.2000) by Health (Out-Patient Charges) (Amendment) Regulations 1999 (S.I. No. 402 of 1999), reg. 3, in effect as per reg. 2.
E218
Previous affecting provision: power pursuant to subs. (5) exercised (1.03.1994) by Health (Out-Patient Charges) Regulations 1994 (S.I. No. 37 of 1994); revoked (1.03.2013) by Health (Out-Patient Charges) Regulations 2013 (S.I. No. 45 of 2013), reg. 4.
E219
Previous affecting provision: power pursuant to subs. (5) exercised (1.03.1993) by Health (Out-Patient Charges) (Amendment) Regulations 1993 (S.I. No. 51 of 1993), in effect as per reg. 3; superseded (1.03.1994) by Health (Out-Patient Charges) Regulations 1994 (S.I. No. 37 of 1994), reg. 5.
E220
Previous affecting provision: power pursuant to section exercised (1.06.1991) by Health Services (Out-Patient) Regulations 1991 (S.I. No. 136 of 1991); revoked (1.07.1993) by Health Services (Out-Patient) Regulations 1993 (S.I. No. 178 of 1993), reg. 5.
E221
Previous affecting provision: power pursuant to subs. (5) exercised (18.05.1987) by Health (Out-Patient Charges) Regulations 1987 (S.I. No. 115 of 1987); revoked (1.03.1994) by Health (Out-Patient Charges) Regulations 1994 (S.I. No. 37 of 1994), reg. 5.
Section 57
Provision of ambulances, etc.
57.—(1) A health board may make arrangements for providing ambulances or other means of transport for the conveyance of patients from places in the board’s functional area to places in or outside that area or from places outside the functional area to places in that area.
(2) In making arrangements under this section, a health board shall act in accordance with the directions of the Minister.
(3) When a person makes use of an ambulance or other means of transport provided under this section, the chief executive officer of the health board concerned may, at his discretion but subject to any relevant regulations under section 31 of the Health Act, 1947, direct that—
(a) a charge be made for the use in accordance with regulations made by the board, or
(b) no charge be made therefor.
Annotations
Modifications (not altering text):
C23
References to “health board” construed as references to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 56(a), 66, S.I. No. 887 of 2004.
Definitions (Part 10).
56.—In this Part “specified body” means—
(a) the health boards,
…
References to specified bodies.
66.—Subject to this Act, references (however expressed) to a specified body in any Act passed before the establishment day, or in any instrument made before that day under an Act, are to be read as references to the Executive, unless the context otherwise requires.
CHARGES PAYABLE IN RESPECT OF IN-PATIENT SERVICES PROVIDED UNDER SECTION 55.
Section 55.
Column (1)
Column (2)
Column (3)
Column (4)
Column(5)
Reference Number
Hospital Category
Daily charge for in-patient services where overnight accommodation provided in a single occupancy room
Daily charge for in-patient services where overnight accommodation provided in a multiple occupancy room
Daily charge for day case in-patient services where overnight accommodation not provided
1.
Hospital specified in Fifth Schedule
€1,000
€813
€407
2.
Hospital specified in Sixth Schedule
€800
€659
€329
The amount of charges payable by a person to whom in-patient services are provided pursuant to section 55 shall be calculated in accordance with the Table by reference to—
(a) which of the type of in-patient services specified in columns (3), (4) or (5) of the Table are provided to the person, and
(b) which of the categories of hospital specified in column (2) of the Table the in-patient services are provided to the person.]
Annotations
Amendments:
F156
Inserted (1.01.2014) by Health (Amendment) Act 2013 (31/2013), s. 15 and sch. 1, commenced as per s. 2(2).
Health (Amendment) Act, 1986
Charges by health boards for provision of in-patient services and out-patient services in respect of certain injuries caused by mechanically propelled vehicles.
2.—(1) Where—
(a) injury is caused to a person by the negligent use of a mechanically propelled vehicle in a public place, and
(b) in-patient services or out-patient services have been, are being or will be provided by or on behalf of a health board in respect of the injury, and
(c) any one of the following, that is to say, the person aforesaid, his personal representative or dependant, has received, or is entitled to receive damages or compensation in respect of the negligent use aforesaid from the person liable to pay such damages or compensation in respect of that injury, or any loss, damage or expense (or mental distress in the case of a dependant) arising therefrom,
the health board shall, notwithstanding anything in the Health Acts, 1947 to 1985, make a charge upon the person who received or is entitled to receive such damages or compensation in respect of the said in-patient services or out-patient services.
(2) (a) A health board may waive the whole or part of a charge under subsection (1) of this section if it considers it proper to do so—
(i) having had regard to the amount of damages or compensation, and interest (if any) thereon, received by the person liable to pay the charge in respect of the injury to which the charge relates, and
(ii) in a case where there was contributory negligence on the part of the person to whose injury the charge relates or of one for whose acts he is responsible, having had regard to any reduction in the amount which would have been received but for the contributory negligence.
(b) In proceedings brought by a person to whom injury is caused by the negligent use of a mechanically propelled vehicle in a public place, or by the personal representative or dependant, of such a person in respect of such negligent use as aforesaid, claiming damages in respect of that injury, or any loss, damage or expense (or mental distress in the case of a dependant) arising therefrom, paragraph (a) of this subsection shall be disregarded.