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
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
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2003, No. 1 |
|
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Central Bank and Financial Services Authority of Ireland Act 2003 |
2003, No. 12 |
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Data Protection Acts 1988 and 2003 |
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1993, No. 13 |
|
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2005, No. 3 |
|
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1953, No. 26 |
|
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1970, No. 1 |
|
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Health Acts 1947 to 2006 |
|
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1986, No. 11 |
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1980, No. 26 |
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2005, No. 26 |
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|
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.