Health Act 1970

F99[General practitioner medical and surgical service.

58

58.(1) F100[Subject to subsection (4), the Health Service Executive] shall make available without charge a general practitioner medical and surgical service for a person in any of the following categories

(a) persons with full eligibility,

(b) adult persons with limited eligibility for whom, in the opinion of the Health Service Executive, and notwithstanding that they do not come within the category mentioned in section 45(1)(a), it would be unduly burdensome to arrange general practitioner medical and surgical services for themselves and their dependants, and

(c) dependants who are ordinarily resident in the State of the persons referred to in paragraph (b).

(2) F101[Subject to subsection (2A), in deciding] whether or not a person comes within the category mentioned in subsection (1)(b), the Health Service Executive shall have regard to the person's overall financial situation (including the means of the spouse F102[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.

F103[(2A) In having regard to a person’s overall financial situation under subsection (2), 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) which qualify for relief under section 216A of the Taxes Consolidation Act 1997.]

(3) Insofar as it is considered practicable by the Health Service Executive, a choice of medical practitioner shall be offered under the general practitioner medical and surgical service made available under this section.]

F104[(4) For the purposes of this section, a person shall be deemed not to come within a category mentioned in paragraph (a) or (c) of subsection (1) for so long as that person has not attained the age of F105[eight years].]

Annotations

Amendments:

F99

Substituted (11.03.2005) by Health (Amendment) Act 2005 (3/2005), s. 5, commenced on enactment.

F100

Substituted (1.07.2015) by Health (General Practitioner Service) Act 2014 (28/2014), s. 4(a), S.I. No. 267 of 2015.

F101

Substituted (19.08.2024) by Health (Miscellaneous Provisions) Act 2024 (23/2024), s. 5(a), S.I. No. 406 of 2024.

F102

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 170 and sch. part 5 item 5, S.I. No. 648 of 2010.

F103

Inserted (19.08.2024) by Health (Miscellaneous Provisions) Act 2024 (23/2024), s. 5(b), S.I. No. 406 of 2024.

F104

Inserted (1.07.2015) by Health (General Practitioner Service) Act 2014 (28/2014), s. 4(a), S.I. No. 267 of 2015.

F105

Substituted (11.08.2023) by Health (General Practitioner Service and Alteration of Criteria for Eligibility) Act 2020 (11/2020), s. 4(a), S.I. No. 401 of 2023.

F106

Substituted by Health (General Practitioner Service and Alteration of Criteria for Eligibility) Act 2020 (11/2020), s. 5(a), not commenced as of date of revision.

F107

Substituted by Health (General Practitioner Service and Alteration of Criteria for Eligibility) Act 2020 (11/2020), s. 6(a), not commenced as of date of revision.

F108

Substituted by Health (General Practitioner Service) Act 2015 (19/2015), s. 2(a), not commenced as of date of revision.

F109

Inserted by Health (General Practitioner Service) Act 2015 (19/2015), s. 2(b), not commenced as of date of revision.

Modifications (not altering text):

C24

Prospective affecting provision: subs. (4) amended by Health (General Practitioner Service and Alteration of Criteria for Eligibility) Act 2020 (11/2020), s. 5(a), not commenced as of date of revision.

F104[(4) For the purposes of this section, a person shall be deemed not to come within a category mentioned in paragraph (a) or (c) of subsection (1) for so long as that person has not attained the age of F106[ten years].]

C25

Prospective affecting provision: subs. (4) amended by Health (General Practitioner Service and Alteration of Criteria for Eligibility) Act 2020 (11/2020), s. 6(a), not commenced as of date of revision.

F104[(4) For the purposes of this section, a person shall be deemed not to come within a category mentioned in paragraph (a) or (c) of subsection (1) for so long as that person has not attained the age of F107[thirteen years].]

C26

Prospective affecting provision: subs. (1) amended and subs. (5) inserted by Health (General Practitioner Service) Act 2015 (19/2015), s. 2, not commenced as of date of revision.

58.—(1) F100[F108[Subject to subsections (4) and (5),] the Health Service Executive] shall make available without charge a general practitioner medical and surgical service for a person in any of the following categories—

...

F109[(5) For the purposes of this section, a person shall be deemed not to come within a category mentioned in paragraph (a), (b) or (c) of subsection (1) where that person has attained the age of 70 years.]

Editorial Notes:

E224

Power pursuant to section exercised (1.04.1972) by Health Services Regulations 1972 (S.I. No. 88 of 1972), in effect as per reg. 3.