Mother and Baby Institutions Payment Scheme Act 2023
Number 20 of 2023
MOTHER AND BABY INSTITUTIONS PAYMENT SCHEME ACT 2023
REVISED
Updated to 15 October 2025
This Revised Act is an administrative consolidation of the Mother and Baby Institutions Payment Scheme Act 2023. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Housing Finance Agency (Amendment) Act 2025 (11/2025), enacted 28 October 2025, and all statutory instruments up to and including the Mother and Baby Institutions Payment Scheme Act 2023 (section 49(4)) Regulations 2025 (S.I. No. 488 of 2025), made 15 October 2025, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to revisedacts@lawreform.ie.
Number 20 of 2023
MOTHER AND BABY INSTITUTIONS PAYMENT SCHEME ACT 2023
REVISED
Updated to 15 October 2025
CONTENTS
Preliminary and General
Section
1. Short title and commencement
Mother and Baby Institutions Payment Scheme
7. Office of Chief Deciding Officer
9. Functions of Chief Deciding Officer
10. Deputy Chief Deciding Officer
11. Agreements relating to performance of certain functions of Chief Deciding Officer
14. Transfer of functions to relevant Minister
15. Liability for loss occurring before dissolution day
16. Provisions consequent upon transfer of functions
17. Deposit with Minister of records in possession of Chief Deciding Officer
Application for Payment or Provision of Services under Scheme
18. Eligibility of relevant person for certain payments and provision of services
19. Application for payment or provision of services under Scheme
20. Further application where relevant institution added to Schedule 1
21. Examination of application: general
22. Chief Deciding Officer may request information from information source
23. Chief Deciding Officer may request information by affidavit
24. Calculation of period of residence in relevant institution
25. Determination of application
26. Notification to applicant of determination
31. Offer of general payment or work-related payment
32. Acceptance of offer of general payment or work-related payment
34. Offer of provision without charge of health services
35. Offer of health support payment
36. Application under section 19 may be made on behalf of relevant person
37. Application on behalf of deceased relevant person
38. Application process to continue where applicant dies
39. Provision supplementary to sections 36, 37 and 38
40. Withdrawal or deemed withdrawal of application, review or appeal
Miscellaneous
41. Amendment of Taxes Consolidation Act 1997
42. Amendment of Capital Acquisitions Tax Consolidation Act 2003
46. Amendment of Part 3 of Schedule 1 to Nursing Homes Support Scheme Act 2009
47. Prohibition on disclosure of information
48. Review of operation of Scheme
49. Amendment of Schedule 1 by Minister
51. Minister may prescribe person to be information source
52. Processing of personal data and special categories of personal data
53. Use of database and records of Commission of Investigation into Mother and Baby Homes
Acts Referred to
Capital Acquisitions Tax Consolidation Act 2003 (No. 1)
Child Care Act 1991 (No. 17)
Children Act 1908 (8 Edw. 7, c. 67)
Commissions of Investigation Act 2004 (No. 23)
Companies Act 2014 (No. 38)
Data Protection Act 2018 (No. 7)
Health (Pricing and Supply of Medical Goods) Act 2013 (No. 14)
Health Act 1970 (No. 1)
Interpretation Act 2005 (No. 23)
Local Government Act 2001 (No. 37)
Medical Practitioners Act 2007 (No. 25)
National Archives Act 1986 (No. 11)
Nurses and Midwives Act 2011 (No. 41)
Nursing Homes Support Scheme Act 2009 (No. 15)
Redress for Women Resident in Certain Institutions Act 2015 (No. 8)
Succession Act 1965 (No. 27)
Taxes Consolidation Act 1997 (No. 39)
Number 20 of 2023
MOTHER AND BABY INSTITUTIONS PAYMENT SCHEME ACT 2023
REVISED
Updated to 15 October 2025
An Act to provide, in recognition of the circumstances experienced by certain persons while resident in certain institutions in the State, for the establishment of a scheme to be known as the Mother and Baby Institutions Payment Scheme for the purpose of the making of payments and the making available without charge of health services to such persons; to provide for the making by such persons of applications for such payments and services; and to provide for related matters.
[11th July, 2023]
Be it enacted by the Oireachtas as follows: