Health Act 1970
F143[Waiver of residential support services maintenance and accommodation contributions.
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 F144[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:
F143
Inserted (2.09.2016) by Health (Amendment) Act 2013 (31/2013), s. 19, S.I. No. 466 of 2016.
F144
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.
Modifications (not altering text):
C45
Functions transferred and references construed (1.03.2023) by Specialist Community-Based Disability Services (Transfer of Departmental Administration and Ministerial Functions) Order 2022 (S.I. No. 688 of 2022), arts. 2-4 and sch. part 2, in effect as per reg. 1(2), subject to transitional provisions in arts. 5-9.
2. In this Order, “relevant function” means –
(a) any function transferred by Article 4 of this Order, and
(b) ...
in so far only as the function consists of, or is connected with, specialist community-based disability services, within the meaning of the Health Act 2004, or any such other function otherwise assigned to that Minister by any of those Acts.
3. (1) The administration and business in connection with the exercise, performance or execution of any relevant function are transferred to the Department of Children, Equality, Disability, Integration and Youth.
(2) References to the Department of Health contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Children, Equality, Disability, Integration and Youth.
4. (1) The functions vested in the Minister for Health – ...
(b) by or under the provisions of the enactments specified in Part 2 of the Schedule, and
(c) ...
are transferred to the Minister for Children, Equality, Disability, Integration and Youth.
(2) References to the Minister for Health contained in any Act or instrument made under such Act, and relating to any relevant function shall, on and after the commencement of this Order, be construed as references to the Minister for Children, Equality, Disability, Integration and Youth.
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SCHEDULE
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Part 2
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Sections 67C and 67D of the Health Act 1970 (No. 1 of 1970)
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