Health Act 1970

F98 [ General practitioner medical and surgical service.

58

58. (1) F99 [ 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) 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 F100 [ 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) 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. ]

F101 [ (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 six years. ]

Annotations

Amendments:

F98

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

F99

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

F100

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.

F101

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

F102

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.

F103

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.

F104

Substituted by Health (General Practitioner Service and Alteration of Criteria for Eligibility) Act 2020 (11/2020), s. 4(a), not commenced as of date of revision.

F105

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

F106

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. 6(a), not commenced as of date of revision.

F101 [ (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 F102 [ thirteen years ] . ]

C25

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.

F101 [ (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 F103 [ ten years ] . ]

C26

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

F101 [ (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 F104 [ eight years ] . ]

C27

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) F99 [ F105 [ 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—

...

F106 [ (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:

E217

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.