PART IV

Health Services

Chapter I

Eligibility

45. —(1) A person in either of the following categories shall have full eligibility for the services under this Part—

(a) adult persons unable without undue hardship to arrange general practitioner medical and surgical services for themselves and their dependants,

(b) dependants of the persons referred to in paragraph (a).

(2) In deciding whether or not a person comes within the category mentioned in subsection (1) (a), regard shall be had to the means of the spouse (if any) of that person in addition to the person's own means.

(3) The Minister may, with the consent of the Minister for Finance, by regulations specify a class or classes of persons who shall be deemed to be within the categories mentioned in subsection (1).

(4) A draft of regulations which it is proposed to make under this section shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.

(5) Section 5 (5) of the Health Act, 1947 , shall not apply to regulations under this section.

(6) References in this Part to persons with full eligibility shall be construed as referring to persons in the categories mentioned in subsection (1) or deemed to be within those categories.

(7) Any person who is not in either of the categories mentioned in subsection (1) but who, in relation to a particular service which is available to persons with full eligibility, is considered by the chief executive officer of the appropriate health board to be unable, without undue hardship, to provide that service for himself or his dependants shall, in relation to that service, be deemed to be a person with full eligibility.

46. —(1) A person in any of the following categories who is without full eligibility shall have limited eligibility for the services under this Part—

(a) persons insured under the Social Welfare Act, 1952 ,

(b) adult persons whose yearly means are less than £1,200,

(c) adult persons whose yearly means are, in the opinion of the chief executive officer of the appropriate health board, derived wholly or mainly from farming, if the rateable valuation of the farm or farms concerned (including the buildings thereon) is not more than £60,

(d) dependants of persons referred to in paragraphs (a), (b) and (c).

(2) Yearly means for the purposes of this section shall be calculated in accordance with Rule 1 of the Rules contained in the Seventh Schedule to the Social Welfare Act, 1952 , and shall include, in relation to any person, the yearly means of a spouse of that person where the spouse is resident with that person.

(3) The Minister may, with the consent of the Minister for Finance, by regulations substitute for subsections (1) and (2) other provisions defining in such manner as he thinks fit categories of persons with limited eligibility.

(4) A draft of regulations which it is proposed to make under subsection (3) shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.

(5) Section 5 (5) of the Health Act, 1947 , shall not apply to regulations under this section.

(6) On the commencement of regulations under subsection (3), subsection (1) shall cease to have effect and, if the regulations so provide, subsection (2) shall also cease to have effect.

(7) References in this Part to persons with limited eligibility shall be construed as referring to persons in the categories specified under this section or under regulations made under this section, as may be appropriate.

(8) Any person who is not in any of the categories specified in subsection (1) or in regulations under subsection (3) but who, in relation to a particular service which is available to persons with limited eligibility, is considered by the chief executive officer of the appropriate health board to be unable, without undue hardship, to provide that service for himself or his dependants shall, in relation to that service, be deemed to be a person with limited eligibility.

47. —(1) When, in the administration of section 45 or 46, an officer of a health board decides that a person does not come within a category specified by or under the relevant section, an appeal shall lie from the decision to a person (being either another officer of the health board or a person not such an officer) appointed or designated by the Minister.

(2) The Minister may by regulations provide for the making and determination of appeals under this section.

48. —For the purpose of determining whether a person is or is not a person with full eligibility or a person with limited eligibility, or a person entitled to a particular service provided under the Health Acts, 1947 to 1970, a health board may require that person to make a declaration in such form as it considers appropriate in relation to his means and may take such steps as it thinks fit to verify the declaration.

49. —(1) Where a person is recorded by a health board as entitled, because of specified circumstances, to a service provided by the board under the Health Acts, 1947 to 1970, he shall notify the board of any change in those circumstances which disentitles him to the service.

(2) A person who knowingly contravenes subsection (1) shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding £50.

50. —When a person has obtained a service under the Health Acts, 1947 to 1970, and it is ascertained that he was not entitled to the service, the appropriate health board may charge therefor a charge approved of or directed by the Minister.