Child Care Act 1991

Charges for certain services.

70

70. (1) In making available a service under section 3 , 4 or 56 , the F362 [ Child and Family Agency ] shall from time to time determine in each case whether such service shall be provided without charge or at such charge as it considers appropriate.

(2) In making a determination in accordance with subsection (1) F363 [ the F362 [ Child and Family Agency ] ] shall comply with any general directions given by the Minister with the consent of the Minister for Finance.

(3) For the purposes of determining what charge, if any, should be made on any person for a service, F363 [ the F362 [ Child and Family Agency ] ] 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.

(4) Where a person is recorded by F363 [ the F362 [ Child and Family Agency ] ] as entitled, because of specified circumstances, to a service without charge, he shall notify F363 [ the F364 [ Agency ] ] of any relevant change in those circumstances.

(5) Any charge which may be made by F363 [ the F362 [ Child and Family Agency ] ] under this Act may, in default of payment, be recovered as a simple contract debt in any court of competent jurisdiction from the person on whom the charge is made or, where the person has died, from his legal personal representative.

Annotations:

Amendments:

F362

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F363

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 68, S.I. No. 887 of 2004.

F364

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

Modifications (not altering text):

C38

Application of section restricted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 95(1), S.I. No. 502 of 2013.

Charges in relation to functions

95.(1) Notwithstanding section 70 of the Child Care Act 1991, the Agency may, with the consent of the Minister, make regulations specifying such charges as it considers necessary and appropriate in consideration of—

(a) the performance by it of its functions under paragraphs (a), (b) and (c) of section 8 (1), and

(b) services provided by it under section 37 of the Adoption Act 2010 .

...

C39

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.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 17 of 1991

Child Care Act 1991

Sections 7(4) and 70(2)

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...

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Editorial Notes:

E179

Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subs. (1) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 68, S.I. No. 887 of 2004; substituted as per F-note above.