Mother and Baby Institutions Payment Scheme Act 2023

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Number 20 of 2023

MOTHER AND BABY INSTITUTIONS PAYMENT SCHEME ACT 2023

CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Interpretation

3. Expenses

4. Laying of regulations

PART 2

Mother and Baby Institutions Payment Scheme

5. Establishment of Scheme

6. Duration of Scheme

7. Office of Chief Deciding Officer

8. Chief Deciding Officer

9. Functions of Chief Deciding Officer

10. Deputy Chief Deciding Officer

11. Agreements relating to performance of certain functions of Chief Deciding Officer

12. Annual report

13. Dissolution day

14. Transfer of functions to relevant Minister

15. Liability for loss occurring before dissolution day

16. Provisions consequent upon transfer of functions

17. Deposit with Minister of records in possession of Chief Deciding Officer

PART 3

Application for Payment or Provision of Services under Scheme

18. Eligibility of relevant person for certain payments and provision of services

19. Application for payment or provision of services under Scheme

20. Further application where relevant institution added to Schedule 1

21. Examination of application: general

22. Chief Deciding Officer may request information from information source

23. Chief Deciding Officer may request information by affidavit

24. Calculation of period of residence in relevant institution

25. Determination of application

26. Notification to applicant of determination

27. Review of determination

28. Appeals officer

29. Appeals

30. Appeal to High Court

31. Offer of general payment or work-related payment

32. Acceptance of offer of general payment or work-related payment

33. Statute of Limitations

34. Offer of provision without charge of health services

35. Offer of health support payment

36. Application under section 19 may be made on behalf of relevant person

37. Application on behalf of deceased relevant person

38. Application process to continue where applicant dies

39. Provision supplementary to sections 36, 37 and 38

40. Withdrawal or deemed withdrawal of application, review or appeal

PART 4

Miscellaneous

41. Amendment of Taxes Consolidation Act 1997

42. Amendment of Capital Acquisitions Tax Consolidation Act 2003

43. Legal costs and expenses

44. Regulations

45. Guidelines

46. Amendment of Part 3 of Schedule 1 to Nursing Homes Support Scheme Act 2009

47. Prohibition on disclosure of information

48. Review of operation of Scheme

49. Amendment of Schedule 1 by Minister

50. Service of documents

51. Minister may prescribe person to be information source

52. Processing of personal data and special categories of personal data

53. Use of database and records of Commission of Investigation into Mother and Baby Homes

54. Use of certain archives

55. Penalties

SCHEDULE 1

PART 1

PART 2

SCHEDULE 2

SCHEDULE 3

Acts Referred to

Capital Acquisitions Tax Consolidation Act 2003 (No. 1)

Child Care Act 1991 (No. 17)

Children Act 1908 (8 Edw. 7, c. 67)

Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Records, and Another Matter, Act 2020 (No. 20)

Commissions of Investigation Act 2004 (No. 23)

Companies Act 2014 (No. 38)

Data Protection Act 2018 (No. 7)

Health (Pricing and Supply of Medical Goods) Act 2013 (No. 14)

Health Act 1970 (No. 1)

Interpretation Act 2005 (No. 23)

Local Government Act 2001 (No. 37)

Medical Practitioners Act 2007 (No. 25)

National Archives Act 1986 (No. 11)

Nurses and Midwives Act 2011 (No. 41)

Nursing Homes Support Scheme Act 2009 (No. 15)

Redress for Women Resident in Certain Institutions Act 2015 (No. 8)

Succession Act 1965 (No. 27)

Taxes Consolidation Act 1997 (No. 39)

Number 20 of 2023

MOTHER AND BABY INSTITUTIONS PAYMENT SCHEME ACT 2023

An Act to provide, in recognition of the circumstances experienced by certain persons while resident in certain institutions in the State, for the establishment of a scheme to be known as the Mother and Baby Institutions Payment Scheme for the purpose of the making of payments and the making available without charge of health services to such persons; to provide for the making by such persons of applications for such payments and services; and to provide for related matters.

[11th July, 2023]

Be it enacted by the Oireachtas as follows: