Health (Repayment Scheme) Act 2006
Number 17 of 2006
HEALTH (REPAYMENT SCHEME) ACT 2006
REVISED
Updated to 25 May 2018
This Revised Act is an administrative consolidation of the Health (Repayment Scheme) Act 2006. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including Data Protection Act 2018 (7/2018), enacted 24 May 2018, and all statutory instruments up to and including Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018), made 24 May 2018, were considered in the preparation of this revision.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 17 of 2006
HEALTH (REPAYMENT SCHEME) ACT 2006
REVISED
Updated to 25 May 2018
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.
Related legislation
Health Acts 1947 to 2015: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Health (General Practitioner Service) Act 2015 (19/2015), s. 4(2)). The Acts in this group are:
• Health Act 1947 (28/1947)
• Health Act 1953 (26/1953)
• Health (Fluoridation of Water Supplies) Act 1960 (46/1960)
• Health Act 1970 (1/1970)
• Misuse of Drugs Act 1977 (12/1977), s. 36 and s. 42 insofar as it amends Health Acts 1947 to 1970
• Health (Family Planning) Act 1979 (20/1979)
• Health (Family Planning) (Amendment) Act 1985 (4/1985)
• Health (Amendment) Act 1986 (10/1986)
• Health (Amendment) Act 1987 (3/1987)
• Health (Nursing Homes) Act 1990 (23/1990)
• Health (Amendment) Act 1991 (15/1991), other than s. 8
• Health (Amendment) Act 1994 (11/1994)
• Health (Amendment) Act 1996 (15/1996)
• Health (Amendment) (No. 2) Act 1996 (23/1996)
• Health (Amendment) (No. 3) Act 1996 (32/1996), other than ss. 21 and 22
• Health (Provision of Information) Act 1997 (9/1997)
• Health (Eastern Regional Health Authority) Act 1999 (13/1999)
• Health (Miscellaneous Provisions) Act 2001 (14/2001), except insofar as it relates to the Tobacco (Health Promotion and Protection) Act 1988
• Health Act 2004 (42/2004)
• Health (Amendment) Act 2005 (3/2005), insofar as it amends the Health Acts 1947 to 2004
• Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), Part 5
• Health (Repayment Scheme) Act 2006 (17/2006)
• Hepatitis C Compensation Tribunal (Amendment) Act 2006 (22/2006), s. 6
• Health (Nursing Homes) (Amendment) Act 2007 (1/2007)
• Health Act 2007 (23/2007)
• Medical Practitioners Act 2007 (25/2007), s. 57(9)
• Health Act 2008 (21/2008)
• Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 64
• Health (Amendment) Act 2010 (15/2010)
• Health (Amendment) (No. 2) Act 2010 (20/2010)
• Child Care (Amendment) Act 2011 (19/2011), ss. 35 and 36
• Health (Alteration of Criteria for Eligibility) Act 2013 (10/2013)
• Health (Pricing and Supply of Medical Goods) Act 2013 (14/2013)
• Health Service Executive (Governance) Act 2013 (23/2013)
• Health (Alteration of Criteria for Eligibility) (No. 2) Act 2013 (42/2013)
• Local Government Reform Act 2014 (1/2014), insofar as it amends the Health (Fluoridation of Water Supplies) Act 1960
• Health Service Executive (Financial Matters) Act 2014 (17/2014)
• Health (General Practitioner Service) Act 2014 (28/2014)
• Health (General Practitioner Service) Act 2015 (19/2015)
Acts previously included in the group but now repealed are:
• Health Act 1954 (23/1954)
• Health and Mental Treatment Act 1957 (16/1957), s. 1
• Health and Mental Treatment (Amendment) Act 1958 (37/1958), s. 1
• Health (Homes for Incapacitated Persons) Act 1964 (8/1964)
• Health and Mental Treatment (Amendment) Act 1966 (2/1966), s. 1
• Health (Mental Services) Act 1981 (17/1981)
• Health (Amendment) Act 2004 (19/2004)
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1986, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Data Protection Act 2018 (7/2018)
• Freedom of Information Act 2014 (30/2014)
• Health (Alteration of Criteria for Eligibility) Act 2013 (10/2013)
• Child Care (Amendment) Act 2011 (19/2011)
• Ministers and Secretaries (Amendment) Act 2011 (10/2011)
• Central Bank Reform Act 2010 (23/2010)
• Health (Amendment)( No. 2) Act 2010 (20/2010)
• Health (Amendment) Act 2010 (15/2010)
• Health (Miscellaneous Provisions) Act 2009 (25/2009)
• Housing (Miscellaneous Provisions) Act 2009 (22/2009)
• Health Act 2008 (21/2008)
• Medical Practitioners Act 2007 (25/2007)
• Health Act 2007 (23/2007)
• Health (Nursing Homes) (Amendment) Act 2007 (1/2007)
• Hepatitis C Compensation Tribunal (Amendment) Act 2006 (22/2006)
All Acts up to and including Data Protection Act 2018 (7/2018), enacted 24 May 2018, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)
• Health (Repayment Scheme) (Further Functions of Connected Persons) Regulations 2008 (S.I. No. 212 of 2008)
• Health (Repayment Scheme) (Change of Applicant by Reason of Death of Relevant Person) Regulations 2007 (S.I. No. 855 of 2007)
• Health (Repayment Scheme) (Charge for Administering Patients Private Property Accounts) Regulations 2007 (S.I. No. 639 of 2007)
• Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007)
• Social Welfare (Consolidation Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007)
• Health (Repayment Scheme) (Public Notice) Regulations 2007 (S.I. No. 120 of 2007)
• Health (Interest Payable on Recoverable Health Charges) Regulations 2006 (S.I. No. 445 of 2006)
• Health (Repayment Scheme) Act 2006 (Commencement) Order 2006 (S.I No. 338 of 2006)
All statutory instruments up to and including Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018), made 24 May 2018, were considered in the preparation of this revision.
Number 17 of 2006
HEALTH (REPAYMENT SCHEME) ACT 2006
REVISED
Updated to 25 May 2018
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1. Short title, construction, collective citation and commencement.
4. Power of scheme administrator to specify forms.
Repayment Scheme
5. Application for prescribed repayment.
6. Determination of application.
7. Priority of living relevant persons over estates of relevant persons.
8. Operation of other enactments, etc. on prescribed repayments.
9. Payment of prescribed repayments and operation of patients’ private property accounts, etc.
11. Donations of prescribed repayments, etc.
15. Notification of certain decisions.
16. Appeals against certain decisions, etc.
17. Recovery of payment of prescribed repayment procured through fraud or misrepresentation, etc.
18. Audit by Comptroller and Auditor General.
Miscellaneous
Acts Referred to
|
2003, No. 1 |
|
|
Central Bank and Financial Services Authority of Ireland Act 2003 |
2003, No. 12 |
|
Data Protection Acts 1988 and 2003 |
|
|
1993, No. 13 |
|
|
2005, No. 3 |
|
|
1953, No. 26 |
|
|
1970, No. 1 |
|
|
Health Acts 1947 to 2006 |
|
|
1986, No. 11 |
|
|
1980, No. 26 |
|
|
2005, No. 26 |
|
|
1997, No. 39 |
Number 17 of 2006
HEALTH (REPAYMENT SCHEME) ACT 2006
REVISED
Updated to 25 May 2018
AN ACT TO PROVIDE FOR A SCHEME TO REPAY RECOVERABLE HEALTH CHARGES AND TO REGULATE PATIENTS’ PRIVATE PROPERTY ACCOUNTS, AND TO PROVIDE FOR RELATED MATTERS.
[23rd June, 2006]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).
2. (1) The administration and business in connection with the performance 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 instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after 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 the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
|
Number and Year |
Short Title |
Provision |
|
(1) |
(2) |
(3) |
|
... |
... |
... |
|
No. 17 of 2006 |
Health (Repayment Scheme) Act 2006 |
Section 11(1) and (9) |
|
... |
... |
... |
Editorial Notes:
E1
Power granted to housing authority to request information in respect of assistance, benefit or allowance received by or on behalf of any household member under the collectively cited Health Acts 1947 to 2008 in the performance of its functions under the collectively cited Housing Acts 1966 to 2009 (1.04.2011) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 32(2)(a)(ii), S.I. No. 83 of 2011.
E2
Yearly value of all income derived from compensation awarded to a relevant person under Act confirmed as being income prescribed for the purposes of Social Welfare Consolidation Act 2005 (26/2005), sch. 3 table 2 ref. 19:
• (2.07.2007) by Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), reg. 36(d), in effect as per reg. 2.
• (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), reg. 155, in effect as per reg. 2.
• (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), reg. 90, in effect as per reg. 2.
• (25.10.2006) by Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995 ( S.I. No. 382 of 1995), reg. 34, as substituted (25.10.2006) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 572 of 2006), reg. 6.
• (20.09.2006) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 ( S.I. No. 417 of 1994 ), reg. 90B, as substituted (20.09.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 11) (Compensation Payments) Regulations 2006 (S.I. No. 497 of 2006), reg. 2(b).
E3
Functions of Health Information and Quality Authority confirmed to include setting of standards on safety and quality in relation to services provided by the Health Service Executive or a service provider in accordance with the collectively cited Health Acts 1947 to 2007 (15.05.2007) by Health Act 2007 (23/2007), s. 8(1)(b)(i)(I), S.I. No. 226 of 2007
E4
Act included in Freedom of Information Act 1997 (13/1997), sch. 3 part 1, being the enactments excluded from the application of Freedom of Information Act 1997 (13/1997), s. 32, (15.05.2007) by Health Act 2007 (23/2007), s. 105 and sch. 2 part 3 item 6, S.I. No. 226 of 2007.
E5
Any sums received from compensation awarded under Act confirmed disregarded when calculating weekly income for purposes of Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), reg. 7(1), (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), reg. 8(3)(d), in effect as per reg. 2.