Mother and Baby Institutions Payment Scheme Act 2023

18

Eligibility of relevant person for certain payments and provision of services

18. (1) Subject to this Part, a relevant person who, in circumstances referred to in paragraph (a) of the definition of a “relevant person” in section 2(1), was resident in a relevant institution for not less than 180 days, shall be entitled to a general payment in respect of the number of days, referred to in column 2 of Schedule 2 at any reference number, during which the person was so resident, of the amount specified in column 3 of that Schedule at that reference number.

(2) Subject to this Part, a relevant person who, in circumstances referred to in paragraph (b) of the definition of “relevant person” in section 2(1), was resident in a relevant institution, shall be entitled to a general payment in respect of the number of days, referred to in column 2 of Schedule 3 at any reference number, during which the person was so resident, of the amount specified in column 3 of that Schedule at that reference number.

(3) Subject to this Part, a relevant person who, in circumstances referred to in paragraph (b) of the definition of a “relevant person” in section 2(1), was resident for not less than 90 days in a relevant institution that is specified in column 2 of Part 1 of Schedule 1, shall, in addition to any entitlement under this section to a general payment, be entitled to a payment in respect of the number of days, referred to in column 2 of Schedule 3 at any reference number, during which the person was so resident, of the amount specified in column 4 of that Schedule at that reference number.

(4) Subject to this Part, a relevant person who was resident, in circumstances referred to in paragraph (a) or (b), or both, of the definition of “relevant person” in section 2(1), in a relevant institution for not less than 180 days shall be eligible for the provision without charge of the health services specified in paragraphs (a) to (h) of section 34(3) to him or her.

(5) Subject to this Part, a relevant person to whom subsection (4) applies who is not ordinarily resident in the State and who applies under section 19 for such a payment, shall be entitled to a payment of €3,000, which payment shall be—

(a) in lieu of the provision without charge of the health services referred to in that subsection to him or her, and

(b) made to him or her once only.

(6) A relevant person shall not be entitled to a general payment or work-related payment in respect of a period of residence in a relevant institution where he or she has received an award from a court or settlement in respect of an action arising out of any circumstances relating to the same period of residence in the institution.

F1[(7) A relevant person shall not be eligible for the provision without charge of the health services referred to in subsection (4) to him or her, or entitled to a health support payment, if he or she—

(a) is a relevant participant within the meaning of section 2 of the Redress for Women Resident in Certain Institutions Act 2015, or

(b) a former resident, within the meaning of the Act of 2025, who has received a payment under section 5 (1) of that Act.]

F2[(7A) Notwithstanding any other enactment—

(a) the Chief Deciding Officer may process personal data, including special categories of personal data, disclosed to him or her under section 5(4)(a) of the Act of 2025 where necessary and proportionate for the purposes of enabling him or her to determine whether or not a former resident has received a payment under section 5(1) of that Act, and

(b) the Chief Deciding Officer may disclose personal data, including special categories of personal data, to the Minister for Education and Youth where necessary and proportionate to enable that Minister to process such data pursuant to, and for the purposes of, section 5(4)(b) of the Act of 2025.]

(8) Subject to section 20, a reference in this section to the number of days on which a relevant person was—

(a) resident in a relevant institution,

(b) resident in a relevant institution in circumstances referred to in paragraph (a) or paragraph (b), or both, of the definition of “relevant person” in section 2(1), or

(c) resident in a relevant institution specified in column 2 of Part 1 of Schedule 1 in circumstances referred to in paragraph (b) of the definition of “relevant person” in section 2(1),

is a reference to such number calculated in accordance with section 24.

F2[(9) In this section—

“Act of 2025” means the Supports for Survivors of Residential Institutional Abuse Act 2025;

“former resident” has the same meaning as it has in the Act of 2025.]

Annotations

Amendments:

F1

Substituted (5.09.2025) by Supports for Survivors of Residential Institutional Abuse Act 2025 (21/2025), s. 21(a), S.I. No. 445 of 2025.

F2

Inserted (5.09.2025) by Supports for Survivors of Residential Institutional Abuse Act 2025 (21/2025), s. 21(b), (c), S.I. No. 445 of 2025.