Health Act 1970

F140 [ Waiver of residential support services maintenance and accommodation contributions.

67D

67D. (1) ( a ) The Health Service Executive may waive (in whole or in part) the obligation of a person to make payment of a residential support services maintenance and accommodation contribution.

( b ) The Health Service Executive shall not exercise the power referred to in paragraph ( a ) unless, having regard to the financial circumstances of the person concerned, it is satisfied that

(i) it is necessary to do so in order to avoid undue financial hardship on the part of the person concerned or his or her dependants,

(ii) it is necessary to do so, or that doing so would be of significant benefit, in advancing the medical, therapeutic, rehabilitative or health-related needs of the person concerned (including, where a care plan has been prepared for that person by or on behalf of the Health Service Executive, needs relating to meeting objectives specified in such a care plan), or

(iii) it is reasonable to do so having regard to the extent to which the person concerned provides for his or her own maintenance F141 [ or accommodation, or both ] .

(2) The Health Service Executive shall exercise the power referred to in subsection (1) in accordance with such guidelines as stand approved by the Minister pursuant to this section.

(3) Where the Health Service Executive exercises the power under subsection (1), it shall in each case record in writing the basis for the decision to exercise that power.

(4) The Health Service Executive shall prepare guidelines relating to the exercise of the power referred to in subsection (1), and where requested to do so by the Minister shall prepare revised guidelines.

(5) Guidelines prepared by the Health Service Executive under subsection (4) shall be submitted by the Health Service Executive to the Minister.

(6) Where guidelines are submitted to the Minister pursuant to subsection (5), the Minister may

( a ) with the consent of the Minister for Public Expenditure and Reform, approve the guidelines concerned,

( b ) with the consent of the Minister for Public Expenditure and Reform, approve the guidelines concerned subject to specified amendments, or

( c ) refuse to approve the guidelines concerned.

(7) Where guidelines stand approved under this section, the Minister may revoke such guidelines.

(8) The Health Service Executive shall publish or cause to be published, in such manner as it considers appropriate, guidelines standing approved by the Minister pursuant to this section. ]

Annotations

Amendments:

F140

Inserted (2.09.2016) by Health (Amendment) Act 2013 (31/2013), s. 19, S.I. No. 466 of 2016.

F141

Inserted (2.09.2016) by Health (Miscellaneous Provisions) Act 2014 (33/2014), s. 44, commenced as per s. 1(3) and S.I. No. 466 of 2016.