Health (Alteration of Criteria for Eligibility) Act 2013

3.

Amendment of section 45A of Health Act 1970.

3.— Section 45A of the Health Act 1970 is amended—

( a) in subsection (1) by the deletion of paragraph ( b),

( b) by the insertion after subsection (1) of the following subsection:

“(1A) Where—

( a) a person—

(i) was married to another person until that other person’s death,

(ii) was living with another person as husband and wife until that other person’s death, or

(iii) was a civil partner as respects another person until that other person’s death,

and

( b) the death of the other person occurred on or after 1 January 2009, 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 2009 and ending on 4 April 2013 be the amount specified in subsection (3)( a)(ii), and

(ii) with effect from 5 April 2013 be the amount specified in subsection (3)( b)(ii),

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 husband and wife, or does not have a civil partner.”,

( c) by the substitution of the following for subsection (3):

“(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 2009 and ending on 4 April 2013—

(i) if a person—

(I) is not married, and is not living together with another person as husband and wife, or

(II) does not have a civil partner,

his or her gross income limit is €700 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 or live together as husband and wife, or

(II) are civil partners as respects each other,

their combined gross income limit is €1,400 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) with effect from 5 April 2013—

(i) if a person—

(I) is not married, and is not living together with another person as husband and wife, or

(II) does not have a civil partner,

his or her gross income limit is €600 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 or live together as husband and wife, or

(II) are civil partners as respects each other,

their combined gross income limit is €1,200 per week, not including the income from the portion of their savings or similar investments whose capital value does not exceed €72,000.”,

( d) in subsection (4) by the substitution of “increase or decrease” for “increase” wherever it occurs, and

( e) by the insertion after subsection (7) of the following subsection:

“(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.”.