S.I. No. 39/2024 - Public Service Pay and Pensions Act 2017 (Payments in Respect of Dental Treatment Entitlements Under the Social Welfare Consolidation Act 2005) Regulations 2024

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 13th February, 2024.

I, HEATHER HUMPHREYS, Minister for Social Protection, in exercise of the powers conferred on me by section 42 of the Public Service Pay and Pensions Act 2017 (No. 34 of 2017), being satisfied that subsection (6) of that section has been complied with; having complied with subsection (9) of that section; having had regard to the matters specified in paragraphs (a) to (e) of subsection (10) of that section; with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, hereby make the following Regulations:

Citation and commencement

1. (1) These Regulations may be cited as the Public Service Pay and Pensions Act 2017(Payments in Respect of Dental Treatment Entitlements Under the Social Welfare Consolidation Act 2005) Regulations 2024.

(2) These Regulations shall come into operation on 27 January 2024.

Interpretation

2. In these Regulations—

“the Regulations of 2007” means the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007, S.I. No. 142 of 2007 .

Application

3. These Regulations shall apply to payments in respect of professional services rendered by dentists with whom agreements, in accordance with Chapter 12 of Part 2 of the Regulations of 2007, have been made by the Minister for Social Protection relating to the provision of dental treatment for qualified persons entitled to treatment benefit by virtue of the Regulations of 2007 and section 138 of the Social Welfare Consolidation Act 2005 (as amended).

Fees

4. The amounts of the payments specified in column 3 of the Schedule opposite the mention of the professional services specified in column 2 of that Schedule shall, subject to the related limitations specified in column 4 of the Schedule, be payable to a dentist in respect of such services rendered by the dentist to a patient on or after 27 January 2024 where the patient is entitled to treatment benefit by virtue of Chapter 12 of Part 2 of the Regulations of 2007.

SCHEDULE

Reference Number

(1)

Description of Professional Services

(2)

Amount

(3)

Limitation

(4)

Oral examination of a patient, comprising a complete oral examination of the patient’s hard and soft tissue, medical and dental history, recording of missing teeth, diagnosis and treatment plan. The fee for examination includes any necessary intra-oral radiographs.

€40

(i) Payable only in respect of the patient’s first such oral examination carried out in each calendar year.

(ii) Not payable if any additional charge is sought from the patient in respect of such an oral examination.

Scale and polish treatment, comprising the scaling and treatment of mild gum conditions, including any necessary oral hygiene instruction. This includes—

(a) the removal of deposits on teeth,

(b) polishing of teeth,

(d) treatment of mild gum conditions, including the treatment of gingivitis where pocketing does not exceed 3.5mm.

€42

(i) Payable only in respect of the patient’s first instance of, or course of, such scale and polish treatment carried out or commenced in in each calendar year.

(ii) Not payable in any calendar year where a claim for protracted periodontal treatment provided for under reference 3 has been made in respect of the same patient.

(iii) Where the dentist’s normal clinical fee for such scale and polish treatment (in the case of a patient not availing of dental treatment benefit under the Social Welfare Consolidation Act 2005 ) does not exceed €42, the fee specified in column 3 shall not be payable if any additional charge is sought from the patient in respect of such scale and polish treatment.

(iv) Where the dentist’s normal clinical fee for such scale and polish treatment (in the case of a patient not availing of dental treatment benefit under the Social Welfare Consolidation Act 2005 ) exceeds €42, the fee specified in column 3 shall not be payable if any additional charge is sought from the patient greater than the lesser of—

I. The amount by which the dentist’s normal clinical fee for such scale and polish treatment exceeds €42, and,

II. €15.

Protracted periodontal treatment comprising—

(a) treatment as specified listed under scale and polish in column 2 of reference 2, together with

(b) where necessary—

a. the treatment of periodontal conditions where pocketing exceeds 3.5mm including root planning, gingival curettage, gingival surgery, and

b. any other periodontal treatment (including treatment of acute conditions such as acute necrotising ulcerative gingivitis (ANUG)).

€42

(i) Payable only in respect of the patient’s first instance of, or course of, such protracted periodontal treatment carried out or commenced in each calendar year.

(ii) Not payable in any calendar year where a claim for scale and polish treatment provided for under reference 2 has been made in respect of the same patient.

The Minister for Public Expenditure, National Development Plan Delivery and Reform consents to the foregoing Regulations.

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GIVEN under my Official Seal,

29 January, 2024.

PASCHAL DONOHOE,

Minister for Public Expenditure, National Development Plan Delivery and Reform.

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GIVEN under my Official Seal,

29 January, 2024.

HEATHER HUMPHREYS,

Minister for Social Protection.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations set the payment levels in respect of services in connection with dental treatment rendered by dentists to patients entitled to Treatment Benefit from the Department of Social Protection.

The new fee structure takes effect from 27 January 2024.