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) F51[Subject to subsection (2A), 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 F52[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.]

F53[(2A) In having regard under subsection (2) to a person’s overall financial situation, the Health Service Executive shall disregard any relevant sums (within the meaning of section 216A of the Taxes Consolidation Act 1997) arising to the person (or the person’s spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010) where the relevant sums qualify for relief under section 216A of the Taxes Consolidation Act 1997.]

(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.

F54[(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.]

F55[(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.