7A. — F39[(1) In this section, "insured person" means any person, other than the registered undertaking, who—

(a) is party to or named in the health insurance contract concerned (other than a health insurance contract of a type referred to in section 10(3)), and

(b) is of or over the age of 30 years.]

F39[(2) F40[Notwithstanding section 7, but subject to subsections (2A) and (3), a registered undertaking shall require,] on account of any of the circumstances referred to in paragraph (a), (b), (c), (cc) or (d) of subsection (4), the payment under a health insurance contract of a net premium the amount of which is greater than that of the net premium (in this section referred to as the "unadjusted net premium") which could have been required to be paid if this section had not been enacted.

F41[(2A)(a) Subject to paragraph (b), a registered undertaking shall ensure that any requirement it has made under subsection (2) is not withdrawn and otherwise continues to have effect.

(b) A registered undertaking shall ensure that any requirement it has made under subsection (2) is withdrawn and otherwise does not continue to have effect in relation to an insured person who has, since 1 May 2015—

(i) a continuous period of cover of not less than 10 years, or

(ii) 2 or more continuous periods of cover totalling not less than 10 years.

(c) In this subsection, "continuous period of cover" shall be construed in accordance with the Health Insurance Act 1994 (Determination of Relevant Increase under section 7A and Provision of Information under section 7B) Regulations 2014 (S.I. No. 312 of 2014).]]

F40[(3)Any obligation to require the payment of such greater amount is subject to regulations under subsection (6) (whether made before, on or after the commencement of section 3 of the Health Insurance (Amendment) Act 2014).]

(4) The following are the circumstances mentioned in subsection (2)—

(a) the insured person has not previously effected or been named in a health insurance contract with the registered undertaking concerned or any other undertaking,

F42[(b) the insured person has previously effected or been named in a health insurance contract with a restricted membership undertaking.]

(c) in the period of the F39[13 weeks] preceding the date on which the registered undertaking concerned was requested to effect the health insurance contract (not being a contract that falls within paragraph (b)) no health insurance contract was in force to which the insured person was a party or in which he or she was named,

F43[(cc) in the period of the 13 weeks preceding the date on which the registered undertaking concerned was requested to effect the health insurance contract, a health insurance contract was in force in respect of which the insured person was a party to or named in the contract and in respect of whom any registered undertaking providing that contract could have required the payment of a net premium that was greater than the unadjusted premium,]

(d) the following conditions are complied with in relation to the health insurance contract concerned—

(i) the contract provides more favourable terms to the insured person (whether in respect of the health services to which the contract relates or the nature or the amounts of the payments to be made by the registered undertaking concerned in respect of those services) than those provided to the insured person in the contract prior to its being renewed or, as the case may be, than those provided to the insured person in the health insurance contract lastly effected with another undertaking to which the insured person was a party or in which he or she was named,

(ii) the provision of those more favourable terms has been made at the request of the insured person.

(5) The difference between the amount of the F39[net premium] which a registered undertaking requires to be paid by virtue of this section and the amount of the F39[unadjusted net premium] is referred to in this section as the "relevant increase".

(6) The Minister may by regulations provide that the amount of the relevant increase—

(a) shall be determined by the registered undertaking concerned in a manner specified in the regulations (in subsection (7) referred to as the "relevant method"),

(b) shall not, in any case, be greater than such percentage as is specified in the regulations of the amount of the F39[unadjusted net premium].

(7) Regulations under subsection (6) may—

(a) specify a different relevant method or a different percentage of the amount of the F39[unadjusted net premium] by reference to—

(i) the different circumstances referred to in paragraphs (a) to (d) of subsection (4) on account of which the relevant increase is required to be paid,

(ii) different cases involving any of those circumstances that may occur,

(b) require that the registered undertaking concerned, in determining the amount of the relevant increase, take into account, to the extent and in the manner specified in the regulations, any previous period or periods during which the insured person was a party to or named in a health insurance contract effected with that or any F41[other registered undertaking,]]

F44[(c) require that the registered undertaking concerned, in determining the amount of any relevant increase, take into account, to the extent and subject to any conditions specified in the regulations—

(i) in respect of a person who has been an insured person for a period of not less than 3 years, any period or periods (each of which period is not less than 6 months) totalling not more than 3 years where, during that period or periods, the insured person concerned ceased to be an insured person for the purposes of this section,

(ii) in respect of a person who has resided outside the State for a period of not less than 6 months, the period during which that person so resided, provided he or she becomes an insured person within a prescribed period of ceasing to reside outside the State,

(iii) in respect of a person who was formerly a member of the Permanent Defence Force, the period during which he or she was such member, provided he or she becomes an insured person within the prescribed period of ceasing to be such member,

(iv) in respect of a person who resides in the State and is insured under the Joint Sickness Insurance Scheme of the European Institutions, the period during which he or she has been a member of that scheme.]