Health (Miscellaneous Provisions) Act 2024

• Jurisdiction: Ireland
• Year: 2024
• Citation: IR No. 23/2024

Health (Miscellaneous Provisions) Act 2024

2024 23

An Act to amend the Health Act 1970, the Irish Medicines Board Act 1995; the Pharmacy Act 2007; the Health (Pricing and Supply of Medical Goods) Act 2013 and the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023; and to provide for related matters.

[15 July 2024]

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1 Short title and commencement

(1) This Act may be cited as the Health (Miscellaneous Provisions) Act 2024.

(2) This Act shall come into operation on such day or days as the Minister for Health may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

2 Definitions

2. In this Act—

“Act of 1970” means the Health Act 1970;

“Act of 1995” means the Irish Medicines Board Act 1995.

3 Amendment of section 45 of Act of 1970

3. Section 45 of the Act of 1970 is amended—

(a) in subsection (2), by the substitution of “Subject to subsection (2A), in deciding” for “In deciding”, and

(b) by the insertion of the following subsection after subsection (2):

“(2A) In having regard under subsection (2) to a person’s overall financial situation, the Health Service Executive shall disregard any relevant sums (within the meaning of section 216A of the Taxes Consolidation Act 1997) arising to the person (or the person’s spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010) where the relevant sums qualify for relief under section 216A of the Taxes Consolidation Act 1997.”.

4 Amendment of section 45A of Act of 1970

4. Section 45A of the Act of 1970 is amended—

(a) by the substitution of the following subsection for subsection (5):

“(5) In the calculation of the gross income of a person for the purposes of this section and section 45(5A), all gross income from all sources is to be included except for the gross income arising from the following sources of income and any subsequent income from the investment of the monies arising from the sources referred to in paragraphs (a) to (e):

(a) compensation awards to persons under the Hepatitis C Compensation Tribunal Acts 1997 to 2006;

(b) compensation awards by way of the Residential Institutions Redress Board established under section 3 of the Residential Institutions Redress Act 2002;

(c) prescribed repayments referred to in section 8(2) of the Health (Repayment Scheme) Act 2006;

(d)ex-gratia awards approved by the Lourdes Hospital Redress Board under the terms of the Lourdes Hospital Redress Scheme 2007;

(e) such other awards and payments prescribed in regulations made under subsection (7);

(f) relevant sums (within the meaning of section 216A of the Act of 1997) arising to the person (or the person’s spouse or civil partner) which qualify for relief under section 216A of the Act of 1997.”,

(b) in subsection (6), by the substitution of “Subject to subsection (5)(f), in the calculation of” for “In the calculation of”, and

(c) in subsection (8), by the insertion of the following definition:

“ ‘Act of 1997’ means the Taxes Consolidation Act 1997.”.

5 Amendment of section 58 of Act of 1970

5. Section 58 of the Act of 1970 is amended—

(a) in subsection (2), by the substitution of “Subject to subsection (2A), in deciding” for “In deciding”, and

(b) by the insertion of the following subsection after subsection (2):

“(2A) In having regard to a person’s overall financial situation under subsection (2), the Health Service Executive shall disregard any relevant sums (within the meaning of section 216A of the Taxes Consolidation Act 1997) arising to the person (or the person’s spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010) which qualify for relief under section 216A of the Taxes Consolidation Act 1997.”.

6 Amendment of section 59 of Act of 1970

6. Section 59 of the Act of 1970 is amended in subsection (1A), by the substitution of “a registered medical practitioner, registered dentist or registered pharmacist” for “a registered medical practitioner or registered dentist”.

7 General practitioner medical and surgical service for certain persons over 70 years of age

7. The Act of 1970 is amended by the substitution of the following section for section 58A:

“General practitioner medical and surgical service for certain persons over 70 years of age

58A. (1) The Health Service Executive shall make available without charge a general practitioner medical and surgical service for a person who is ordinarily resident in the State, who is not a person who comes within a category mentioned in subsection (1) of section 58, and who is in one of the following categories:

(a) persons who have attained the age of 70 years;

(b) dependants of qualifying persons where the Health Service Executive has, in accordance with subsection (5)(a), confirmed that a condition specified in subsection (2) is met by the qualifying person concerned, for so long as that condition is met.

(2) A qualifying person meets a condition referred to in subsection (1)(b) where—

(a) in the case of a qualifying person who is not married, is not living together with another person as a married couple and does not have a civil partner, his or her gross income does not exceed the gross income limit specified in subsection (3)(a),

(b) in the case of a qualifying person who is married, the combined gross income of the person and his or her spouse does not exceed the gross income limit specified in subsection (3)(b),

(c) in the case of a qualifying person who is living together with another person as a married couple, the combined gross income of the person and that other person does not exceed the gross income limit specified in subsection (3)(b), or

(d) in the case of a qualifying person who has a civil partner, the combined gross income of the person and his or her civil partner does not exceed the gross income limit specified in subsection (3)?(b).

(3) Subject to subsection (9)—

(a) for the purposes of subsection (2)(a), the gross income limit shall be €700 per week, not including the income from the portion of the person’s savings or similar investments whose capital value does not exceed €36,000, and

(b) for the purposes of subsection (2)(b), (c) and (d), the gross income limit shall be €1,400 per week, not including the income from the portion of the persons’ savings or similar investments whose capital value does not exceed €72,000.

(4) A qualifying person may, for the purposes of subsection (1)(b), make an application to the Health Service Executive, in such form as it considers appropriate, for confirmation that a condition specified in subsection (2) is met by him or her.

(5) The Health Service Executive shall, on receipt of an application under subsection (4), consider the application, together with any information furnished to it pursuant to a request under subsection (6), and—

(a) if it is satisfied that a condition specified in subsection (2) is met by the qualifying person concerned, provide the...