Health (Nursing Homes) Act 1990
F24[Minister may make regulations for the purposes of this Part.
7H.—(1) Subject to subsections (2) and (3), the Minister may, with the consent of the Minister for Finance, by regulations prescribe—
(a) a percentage in respect of section 7B(3)(b)(ii),
(b) an amount in respect of section 7B(3)(b)(iv),
(c) a percentage in respect of section 7B(4),
(d) an amount in respect of section 7C(4)(a),
(e) an amount in respect of section 7C(4)(b)(i)(I),
(f) an amount in respect of section 7C(4)(b)(i)(II),
(g) an amount in respect of section 7C(4)(b)(ii),
(h) an amount in respect of section 7C(4)(c),
(i) an amount in respect of subsection (4).
(2) The Minister shall only exercise the power under subsection (1)(a) or (c) to prescribe a percentage referred to in that subsection such that the percentage prescribed reflects the average cost of living in the State.
(3) The Minister shall only exercise the power under subsection (1)(b), (d), (e), (f), (g), (h) or (i) to prescribe an amount referred to in that subsection such that the amount prescribed reflects the rate of inflation in the State.
(4) Subject to subsection (5), the amount of subvention which may be paid under section 7C(1)(a) is a weekly maximum rate of €300 or the prescribed amount, whichever is the greater.
(5) Without prejudice to the generality of section 7C(1)(b) or 7D, the amount of the prescribed subvention that is applicable to a dependent person shall, by virtue of this section, be reduced by the amount by which such person’s means, as determined in the assessment referred to in section 7B(3) or review under section 7D, as the case requires, made in respect of such person, exceeds the weekly rate of—
(a) subject to paragraph (b), state pension (non-contributory),
(b) any successor to that pension in any case where that pension ceases to be provided,
payable at the time of assessment.]
Annotations
Amendments:
F24
Inserted (8.06.2007) by Health (Nursing Homes) (Amendment) Act 2007 (1/2007), s. 3, S.I. No. 409 of 2007.
Modifications (not altering text):
C4
Functions transferred and references construed (20.09.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 480 of 2011), art. 3(a) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-9.
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under—
(a) the provisions of the enactments specified in the Schedule, and
(b) ...
are transferred to the Minister for Public Expenditure and Reform.
SCHEDULE
Enactments
|
Number and Year |
Short Title |
Provision |
|
(1) |
(2) |
(3) |
|
... |
... |
... |
|
No. 23 of 1990 |
Section 7H(1) |
|
|
... |
... |
... |
The history of the Minister for Public Expenditure and Reform can be traced as follows:
• Name of Minister for Public Expenditure and Reform changed to Public Expenditure, National Development Plan Delivery and Reform (1.02.2023) by Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 (S.I. No. 19 of 2023), in effect as per art. 1(2);
• Name of Minister for Public Expenditure, National Development Plan Delivery and Reform changed to Public Expenditure, Infrastructure, Public Service Reform and Digitalisation (5.06.2025) by Public Expenditure, National Development Plan Delivery and Reform (Alteration of Name of Department and Title of Minister) Order 2025 (S.I. No. 243 of 2025), in effect as per art. 1(2).