Health Act 1970

Full eligibility.

45

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.