S.I. No. 139/1983 - Health Services (No. 2) Regulations, 1983.

S.I. No. 139 of 1983.

HEALTH SERVICES (NO. 2) REGULATIONS, 1983.

The Minister for Health, in exercise of the powers conferred on him by section 5 of the Health Act, 1947 (No. 28 of 1947) and by section 72 of the Health Act, 1970 (No. 1 of 1970) hereby makes the following Regulations:—

1. These Regulations may be cited as the Health Services (No. 2) Regulations, 1983.

2. In these Regulations—

"The Act" means the Health Act, 1970 ;

"income" means, in relation to an individual, the aggregate of the individual's income (other than non-pecuniary income) from all sources for the year of assessment immediately preceding the year of assessment in which a claim for services is made, as estimated in accordance with the provisions of the Income Tax Acts but without regard to Chapter I (inserted by the Finance Act, 1980 , (No. 14 of 1980)) of Part IX of the Income Tax Act, 1967 (No. 6 of 1967) or section 20 B (inserted by the Finance Act, 1981 , (No. 16 of 1981)) of the Finance Act, 1974 (No. 27 of 1974) after deducting from the income so much of any deduction allowed by virtue of Chapter II of Part I of the Finance Act, 1972 (No. 19 of 1972), as is to be deducted from or set off against that income in charging it to income tax;

"year of assessment" means a year of assessment within the meaning of the Income Tax Acts.

"voluntary contributions", "voluntary contributor" and "contribution year" shall have the meanings which were assigned to them in the Social Welfare Act, 1952 (No. 11 of 1952);

"employment contribution" includes an employment contribution as referred to in section 5 of the Social Welfare Act, 1952 and a contribution paid outside the State treated as an employment contribution for the purpose of the Social Welfare Act, 1952 , relating to disability benefit and maternity benefit.

3. (1) For the classes of persons to whom this article applies—

( a ) the services provided under section 52 (1) and section 56 (2) of the Act shall not extend to services provided by a registered medical practitioner engaged in a consultant capacity in the provision of hospital services,

( b ) the services provided under section 62 and section 63 of the Act shall not extend to services provided by a registered medical practitioner engaged in a consultant capacity in the provision of hospital services or by a registered medical practitioner who has entered into an agreement with a health board for the provision of services under section 62 or section 63 of the Act.

(2) This article applies to the following classes of persons—

( a ) adult persons whose incomes are £11,000 or more

( b ) children of persons referred to in paragraph (a)

( c ) spouses of persons referred to in paragraph (a) who have no income.

4. Article 3 shall not apply to a person or to the dependants of a person who is considered by the chief executive officer of the appropriate health board to be unable, without undue hardship, to provide the services of a registered medical practitioner as specified at paragraphs (a) or (b) of article 3 (1) for himself or his dependants.

5. Article 3 shall not apply to any person who,

( a ) was a voluntary contributor on the 5th day of April, 1979 or on the 31st day of March, 1974 and who in the contribution year before the 5th day of April, 1979, had twenty-four contributions, being voluntary contributions or employment contributions paid, payable or credited or in respect of whom not less than seventy-two such contributions had been paid, payable or credited in the three contribution years before the 5th day of April, 1979, or

( b ) is a dependant of a person referred to in paragraph (a).

6. The Health Services Regulations, 1979 ( S.I. No. 109 of 1979 ), the Health Services (No. 2) Regulations 1979, ( S.I. No. 134 of 1979 ), the Health Services (Amendment) Regulations, 1980 ( S.I. No. 93 of 1980 ), the Health Services (Amendment) Regulations, 1981 ( S.I. No. 173 of 1981 ) and the Health Services (Amendment) Regulations, 1982 ( S.I. No. 151 of 1982 ) are hereby revoked.

7. These Regulations shall come into operation on the 1st day of June, 1983.

GIVEN under the Official Seal of the Minister for Health this 26th

day of May, 1983.

BARRY DESMOND,

Minister for Health.

EXPLANATORY NOTE.

These Regulations which replace the Health Services Regulations, 1979 and the Health Services (No. 2) Regulations, 1979, limit the extent to which services provided under section 52 (1), 56 (2), 62 and 63 of the Health Act, 1970 will be available to certain persons. It raises the income limit for such services from £9,500 to £11,000 and terminates the special method of calculating the income of farmers.