Health Act 1970

F54 [ Full eligibility.

45A

45A. (1) Notwithstanding section 45(6), a person in one of the following categories and who is ordinarily resident in the State also shall have full eligibility for the services under this Part:

( a ) persons who, on or after 1 January 2009, attain or have attained the age of 70 years, whose gross income does not exceed the relevant income limit and who

(i) make an application to the Health Service Executive in such form as it may consider appropriate, and

(ii) receive confirmation from the Health Service Executive that they have full eligibility for services under this Part because they have attained the age of 70 years, are ordinarily resident in the State and their gross income does not exceed the relevant gross income limit, so long as their gross income does not exceed that relevant limit;

( b ) F55 [ ]

(i) if the surviving persons have attained the age of 70 years at the time of the death,

(ii) if the death occurred on or after 1 January 2009, and

(iii) for a period of 3 years after the death, so long as their gross income does not exceed the gross income limit set out in paragraph ( b ) of subsection (2) during that period;

and

( c ) dependants of the persons referred to in paragraph ( a ) or section 45(5A).

F56 [ (1A) Where—

( a ) a person—

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

(ii) was living with another person as a married couple until that other person’s death, or

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

( b ) the death of the other person occurred on or after 1 January 2014, 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 2014 and ending on the day before the relevant date be €900 per week, not including the income from the portion of his or her savings or similar investments whose capital value does not exceed €72,000, and

(ii) as respects the period commencing on the relevant date be €1,050 per week, not including the income from the portion of his or her savings or similar investments whose capital value does not exceed €72,000,

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 a married couple, or does not have a civil partner. ]

(2) The Health Service Executive shall provide any necessary supports to any person in the making of an application under subsection (1) where, by reason of any incapacity, such person requests such assistance.

F57 [ (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 2014 and ending on the day before the relevant date

(i) if a person

(I) is not married,

(II) is not living together with another person as a married couple, and

(III) does not have a civil partner,

his or her gross income limit is 500 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,

(II) live together as a married couple, or

(III) are civil partners as respects each other,

their combined gross income limit is 900 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 ) in respect of the period commencing on the relevant date

(i) if a person

(I) is not married,

(II) is not living together with another person as a married couple, and

(III) does not have a civil partner,

his or her gross income limit is 550 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,

(II) live together as a married couple, or

(III) are civil partners as respects each other,

their combined gross income limit is 1,050 per week, not including the income from the portion of their savings or similar investments whose capital value does not exceed 72,000. ]

(4) The Minister shall, on 1 September of every year, review the most recent information on the consumer price index made available by the Central Statistics Office, and may, with the consent of the Minister for Finance, by regulations to take effect on 1 January next following that review, F58 [ increase or decrease ] the gross income limits specified for the purposes of this section and section 45(5A) to reflect any F58 [ increase or decrease ] in that index.

(5) For the purposes of calculating gross income for this section and section 45(5A), all gross income from all sources is to be included except for the gross income arising from the following sources of income, and any subsequent income from the investment of the monies arising from those sources, which are not to be included:

( a ) compensation awards to persons under the Hepatitis C Compensation Tribunal Acts 1997 to 2006;

( b ) compensation awards by way of the Residential Institutions Redress Board established under section 3 of the Residential Institutions Redress Act 2002 ;

( c ) prescribed repayments made under section 8 of the Health (Repayment Scheme) Act 2006 made

(i) to a living relevant person,

(ii) to the spouse or former spouse of a living or deceased relevant person,

(iii) directly to a living child of a relevant person by virtue of section 9(8) of that Act;

( d ) ex-gratia awards approved by the Lourdes Hospital Redress Board under the terms of the Lourdes Hospital Redress Scheme 2007;

( e ) similar awards and payments set out in regulations made under subsection (7).

(6) In the calculation of gross income for the purposes of this section and section 45(5A), income will not be imputed from property (whether a family home, a holiday home or any other property), unless it is rented, and only the net rental income will be included as income, calculated as gross income, less any cost necessarily incurred associated with the rental of the property.

(7) The Minister may make regulations prescribing a class or classes of payments not coming within paragraphs ( a ) to ( d ) of subsection (5) but which the Minister considers to be made for a similar purpose as those made under those paragraphs. ]

F60 [ (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;

‘relevant date’ means the date on which section 2 of the Health (General Practitioner Service and Alteration of Criteria for Eligibility) Act 2020 comes into operation. ]

Annotations

Amendments:

F54

Inserted (1.01.2009) by Health Act 2008 (21/2008), s. 4, commenced as per s. 1(2).

F55

Deleted (19.04.2013) by Health (Alteration of Criteria for Eligibility) Act 2013 (10/2013), s. 3(a), S.I. No. 133 of 2013.

F56

Substituted (1.11.2020) by Health (General Practitioner Service and Alteration of Criteria for Eligibility) Act 2020  (11/2020), s. 2(a), S.I. No. 462 of 2020.

F57

Substituted (1.11.2020) by Health (General Practitioner Service and Alteration of Criteria for Eligibility) Act 2020  (11/2020), s. 2(b), S.I. No. 462 of 2020.

F58

Substituted (19.04.2013) by Health (Alteration of Criteria for Eligibility) Act 2013 (10/2013), s. 3(d), S.I. No. 133 of 2013.

F59

Inserted (19.04.2013) by Health (Alteration of Criteria for Eligibility) Act 2013 (10/2013), s. 3(e), S.I. No. 133 of 2013.

F60

Substituted (1.11.2020) by Health (General Practitioner Service and Alteration of Criteria for Eligibility) Act 2020 (11/2020), s. 2(c), S.I. No. 462 of 2020.

Editorial Notes:

E142

Power pursuant to subs. (7) exercised (2.08.2019) by Health Act 1970 (Section 45A(7)) (Classes of Payments) Regulations 2019 (S.I. No. 415 of 2019).

E143

Previous affecting provision: power pursuant to subs. (7) exercised (1.07.2015) by Health Act 1970 (Section 45A(7)) (Classes of Payments) Regulations 2015 (S.I. No. 277 of 2015), in effect as per reg. 1(2); revoked (2.08.2019) by Health Act 1970 (Section 45A(7)) (Classes of Payments) Regulations 2019 (S.I. No. 415 of 2019), reg. 3.

E144

Previous affecting provision: subs. (1A) substituted (18.12.2013) by Health (Alteration of Criteria for Eligibility) (No. 2) Act 2013 (42/2013), s. 1(a), commenced on enactment; substituted as per F-note above.

E145

Previous affecting provision: subs. (3) substituted (18.12.2013) by Health (Alteration of Criteria for Eligibility) (No. 2) Act 2013 (42/2013), s. 1(b), commenced on enactment; substituted as per F-note above.

E146

Previous affecting provision: subs. (8) inserted (19.04.2013) by Health (Alteration of Criteria for Eligibility) Act 2013 (10/2013), s. 3(e), S.I. No. 133 of 2013; substituted as per F-note above.

E147

Previous affecting provision: subs. (1A) inserted and subs. (3) substituted (19.04.2013) by Health (Alteration of Criteria for Eligibility) Act 2013 (10/2013), s. 3(b), (c), S.I. No. 133 of 2013; substituted as per F-note above.