Health Act 1970

F125 [ Prescription charges for persons who have attained age of 70 years and their dependants

59A

59A. (1) This section applies to persons with full eligibility who avail of the service under subsection (1) of section 59 and who fall within any of the following classes:

(a) persons who have attained the age of 70 years;

(b) dependants of the persons referred to in paragraph (a).

(2) Subject to subsection (3), the amount of charge under subsection (1A) of section 59 per item supplied to a person to whom this section applies shall be F126 [ €1.00 ] or such other amount as may be determined by regulations made by the Minister under this section.

(3) Subject to subsection (1B)(b) of section 59, the maximum aggregate amount payable in respect of items referred to in subsection (1A) of that section supplied in a month to a person who has attained the age of 70 years and his or her dependants shall be F126 [ €10.00 ] or such other amount as may be determined by regulations made by the Minister under this section.

(4) The Minister may, with the consent of the Minister for Public Expenditure and Reform, make regulations varying either or both of the amounts referred to in subsections (2) and (3), where he or she is of the opinion that such a variation is desirable, having regard to such of the following as he or she considers appropriate:

(a) information on the consumer price index made available by the Central Statistics Office from time to time;

(b) recent information on the aggregate of the amounts expended, and the number of items in respect of which those amounts were expended, by the Health Service Executive in providing the service under subsection (1) of section 59 either generally or to persons to whom this section applies;

(c) the medical needs of, and the financial burden on, persons to whom this section applies;

(d) the necessity of controlling expenditure in relation to the provision by the State of health services;

(e) either or both of the amounts for the time being referred to in subsections (1A) and (1B)(a) of section 59. ]

Annotations

Amendments:

F125

Inserted (14.04.2017) by Health (Amendment) Act 2017 (5/2017), s. 4, S.I. No. 155 of 2017.

F126

Substituted (1.11.2020) by Health Services (Prescription Charges) (Over 70s) Regulations 2020 (S.I. No. 465 of 2020), regs. 3, 4, in effect as per reg. 2.

Editorial Notes:

E257

Power pursuant to subs. (4) exercised (1.11.2020) by Health Services (Prescription Charges) (Over 70s) Regulations 2020 (S.I. No. 465 of 2020), in effect as per reg. 2.

E258

The section heading is taken from the amending section in the absence of one included in the amendment.

E259

Previous affecting provision: power pursuant to section exercised (1.04.2019) by Health Services (Prescription Charges) (Over 70s) Regulations 2018 (S.I. No. 639 of 2018), in effect as per reg. 2; revoked (1.11.2020) by Health Services (Prescription Charges) (Over 70s) Regulations 2020 (S.I. No. 465 of 2020), reg. 5, in effect as per reg. 2.