HEALTH (AMENDMENT) ACT 2013

• Jurisdiction: Ireland

Number 31 of 2013
HEALTH (AMENDMENT) ACT 2013
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title.
2. Commencement.
3. Definitions.
PART 2
Amendment of Nursing Homes Support Scheme Act 2009
4. Amendment of section 5 of Act of 2009.
5. Amendment of section 10 of Act of 2009.
6. Amendment of section 13 of Act of 2009.
7. Amendment of Schedule 1 to Act of 2009.
PART 3
Amendment of Health Act 1970
8. Amendment of section 51 of Act of 1970.
9. Amendment of section 52 of Act of 1970.
10. Repeal of section 53 of Act of 1970.
11. Amendment of section 53A of Act of 1970.
12. Insertion of sections 53B and 53C in Act of 1970.
13. Substitution of section 55 of Act of 1970.
14. Insertion of section 74A in Act of 1970.
15. Insertion of Fourth Schedule in Act of 1970.
16. Insertion of Fifth Schedule in Act of 1970.
17. Insertion of Sixth Schedule in Act of 1970.
18. Amendment of section 62 of Act of 1970.
19. Insertion of new sections 67A, 67B, 67C and 67D in Act of 1970.
SCHEDULE 1
Insertion of Fourth Schedule in Health Act 1970
SCHEDULE 2
Insertion of Fifth Schedule in Health Act 1970
SCHEDULE 3
Insertion of Sixth Schedule in Health Act 1970
Acts Referred to
Criminal Law (Insanity) Act 2006 2006, No. 11 Health (Amendment) Act 1996 1996, No. 15 Health Act 1947 1947, No. 28 Health Act 1970 1970, No. 1 Health Act 2004 2004, No. 42 Mental Health Acts 2001 to 2009 Nursing Homes Support Scheme Act 2009 2009, No. 15 Social Welfare Acts
Number 31 of 2013
HEALTH (AMENDMENT) ACT 2013
AN ACT TO AMEND THE NURSING HOMES SUPPORT SCHEME ACT 2009 , TO AMEND THE HEALTH ACT 1970 , AND TO MAKE PROVISION FOR RELATED MATTERS.
[24th July, 2013]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART 1 Preliminary and General
	Short title.	1.— This Act may be cited as the Health (Amendment) Act 2013.
	Commencement.	2.— (1) Subject to subsection (2), this Act, other than Part 1 and sections 5 , 6 , 7 (but not including paragraph (e)(ii) of section 7 ) and 14 , shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.
	(2) Sections 13 , 15 , 16 and 17 shall come into operation on 1 January 2014.
	Definitions.	3.— In this Act—
	“Act of 1970” means the Health Act 1970 ;
	“Act of 2009” means the Nursing Homes Support Scheme Act 2009 ;
	“Minister” means the Minister for Health.
PART 2 Amendment of Nursing Homes Support Scheme Act 2009
	Amendment of section 5 of Act of 2009.	4.— Section 5 of the Act of 2009 is amended by the substitution of the following for subsection (3):
	“(3) (a) It shall be a function of the Executive to operate and administer the Scheme.
	(b) The Executive may enter into an arrangement with a person under which that person may perform any part of the Executive’s function arising under paragraph (a) on behalf of the Executive.”.
	Amendment of section 10 of Act of 2009.	5.— Section 10 of the Act of 2009 is amended by the substitution of the following for subsection (2):
	“(2) The financial assessment shall be carried out—
	(a) in the case of a person who is not a member of a couple, in accordance with the provisions of Part 1 or Part 1A, as appropriate, and Part 3 of Schedule 1, and
	(b) in the case of a person who is a member of a couple, in accordance with the provisions of Part 2 or Part 2A, as appropriate, and Part 3 of Schedule 1.”.
	Amendment of section 13 of Act of 2009.	6.— Section 13 of the Act of 2009 is amended—
	(a) in subsection (3), by the insertion of “(3A),” after “Subject to subsections”, and
	(b) by the insertion, after subsection (3) of the following subsection:
	“(3A) Subsection (3) shall cease to have effect as respects a person who makes an application for State support after the coming into operation of section 6 of the Health (Amendment) Act 2013.”.
	Amendment of Schedule 1 to Act of 2009.	7.— Schedule 1 to the Act of 2009 is amended—
	(a) in Part 1, by the substitution of the following for paragraph 1:
	“Assessment of means of a person who is not a member of a couple where the application for State support is made prior to the relevant day
	1. (a) The means of a person who is not a member of a couple shall, subject to Part 3, be assessed on the basis of the rules in this Part.
	(b) This Part applies to applications for State support made prior to the relevant day.”,
	(b) by the insertion, after Part 1, of the following Part:
	“PART 1A
	Assessment of means of a person who is not a member of a couple where the application for State support is made on or after the relevant day
	1.(a) The means of a person who is not a member of a couple shall, subject to Part 3, be assessed on the basis of the rules in this Part.
	(b) This Part applies to applications for State support made on or after the relevant day.
	Assessment of income
	2. Assess the weekly income following the directions at steps A to E:
	A. Establish the annual income of the person using the definition of ‘income’.
	B. Deduct allowable deductions.
	C. Divide amount produced by step B by 52 to establish net weekly income.
	D. Take 80 per cent of amount produced by step C (net weekly income) which amount, unless step E applies, is the weekly assessed income.
	E. Where applying the rule in step C produces a result whereby 20 per cent of net weekly income is less than the minimum retained income threshold, the weekly assessed income is the amount established by step C less the minimum retained income threshold.
	Assessment of cash assets
	3. Assess the weekly value of the cash assets by following the directions at steps A to F:
	A. Establish all the cash assets of the person being assessed using the definition of ‘cash assets’ and value each cash asset on the basis of the estimated market value.
	B. Deduct from the estimated market value of each cash asset the amount of allowable deductions relating to that cash asset to produce the net value of each cash asset.
	C. Aggregate all net values of cash assets established under step B.
	D. Deduct general assets deductible amount from the amount produced by step C to produce annual assessed cash assets.
	E. Take 7.5 per cent of the amount produced by step D to establish the amount of the annual assessed cash assets.
	F. Divide amount produced by step E by 52 to produce weekly assessed cash assets.
	Assessment of relevant assets
	4. Assess the weekly value of the relevant assets by following the directions at steps A to F:
	A. Establish all assets which are relevant assets using the definition of ‘relevant assets’ of the person being assessed and value each relevant asset on the basis of the estimated market value.
	B. Deduct from the estimated market value of each relevant asset the amount of allowable deductions relating to that relevant asset to produce the net value of each relevant asset.
	C. Aggregate all net values of relevant assets to produce total net value of relevant assets.
	D. If the general assets deductible amount has not been fully used in connection with the cash assets assessment apply unused balance by deducting the unused amount from total net value of relevant assets produced by step C.
	E. Take 7.5 per cent of the amount produced by step D or, if step D does not apply, by step C to produce the annual assessed relevant assets amount.
	F. To establish assessed weekly value of relevant assets divide result of step E by 52.”,
	(c) in Part 2, by the substitution of the following for paragraph 1:
	“Assessment of means of a person who is a member of a couple where the application for State support is made prior to the relevant day
	1.(a)The means of a person who is a member of a couple shall, subject to Part 3, be assessed on the basis of the rules in this Part.
	(b)This Part applies to applications for State support made prior to the relevant day.”,
	(d) by the insertion, after Part 2, of the following Part:
	“PART 2A
	Assessment of means of a person who is a member of a couple where the application for State support is made on or after the relevant day
	1.(a)The means of a person who is a member of a couple shall, subject to Part 3, be assessed on the basis of the rules in this Part.
	(b)This Part applies to applications for State support made on or after the relevant day.
	Assessment of income
	2. Assess the weekly income by following the directions at steps A to F:
	A. Establish the annual income of the person and his or her partner using the definition of ‘income’.
	B. From the annual income of each of those persons deduct allowable deductions applicable to that person’s income to establish net annual income of each member of the couple.
	C. Aggregate the two net annual incomes established under step B.
	D. Divide amount produced by step C by 52 to establish net weekly income.
	E. Take 40 per cent of amount produced by step D and the amount established following that calculation is, unless step F applies, the weekly assessed income.
	F. Where applying the rule in step E produces a result whereby 60 per cent of net weekly income is less than the minimum retained income threshold, the weekly assessed income is the amount established by step D less the amount which is the minimum retained income threshold.
	Assessment of cash assets
	3. Assess the weekly value of the cash assets by following the directions at steps A to G:
	A. Establish all the cash assets of the person to whom the...