Mother and Baby Institutions Payment Scheme Act 2023

Application for payment or provision of services under Scheme

19. (1) Subject to this Part, a person who considers that he or she is a relevant person may make an application (in this Act referred to as an “application”) to the Chief Deciding Officer for any or all of the payments, and the provision without charge to him or her of the health services, specified in section 18 .

(2) The Chief Deciding Officer shall not consider an application that is received by him or her on or after the cessation date.

(3) An application for a payment or the provision without charge of health services may be in respect of one or more than one of the following circumstances relating to the applicant:

(a) his or her being a person to whom paragraph (a) or paragraph (b), or both, of the definition of “relevant person” in section 2 (1) applies;

(b) a period spent by him or her as a resident in one or more than one relevant institution;

(c) one or more than one period during which he or she was a relevant person.

(4) Subject to section 20 , no more than one application may be made in respect of a person.

(5) An application shall be in such form as may be prescribed and shall—

(a) include—

(i) such contact details, personal data (including, where relevant, special categories of personal data) and information relating to the applicant (being contact details, personal data and information that are necessary for the performance by the Chief Deciding Officer of his or her functions under this Act) as may be prescribed, and

(ii) such information relating to the identity of the applicant as the Chief Deciding Officer may specify for the purposes of this section,

(b) specify the payment, or provision without charge of health services, referred to in section 18 for which the applicant is applying,

(c) include a statement by the applicant—

(i) where the application is for a general payment or a work-related payment, that section 18 (6) does not apply to him or her, and

(ii) where the application is for a health support payment or the provision without charge of health services, that section 18 (7) does not apply to him or her,

(d) where the application is for a health support payment, be accompanied by such information as may be prescribed to demonstrate that the applicant is not ordinarily resident in the State, and

(e) be accompanied by such other information or documentation in support of the application as may be specified by the Chief Deciding Officer for the purposes of this section.

(6) The making of an application under this section does not involve the waiver of any other right of action by the applicant.