S.I. No. 142/1976 - Health Services (Amendment) Regulations, 1976.

S.I. No. 142 of 1976.

HEALTH SERVICES (AMENDMENT) REGULATIONS, 1976.

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 (Amendment) Regulations, 1976.

2. The following article shall be substituted for article 3 of the Health Services Regulations, 1974 ( S.I. No. 90 of 1974 ):

"3. (1) Subject to sub-article (2) of this article and article 4 of these Regulations, a person insured under the Social Welfare Acts, 1952 to 1976, employed, otherwise than by way of manual labour, at a rate of remuneration exceeding in value £3,000 a year, or the dependant of such a person, shall not be entitled to avail himself of the services provided under sections 52 (1), 56 (2), 62 (1) and 63 (1) of the Health Act, 1970 .

(2) Sub-article (1) of this article shall not apply to an insured person (or his dependants) who has limited eligibility under article 6 (2) (b) of the Regulations of 1971 by virtue of—

( a ) an employment contribution which was paid, payable or credited on or before 31st March, 1974, or

( b ) an employment contribution which was paid, payable or credited on or after 1st April, 1974 while he was in employment by way of manual labour, or

( c ) an employment contribution which was paid, payable or credited on or after 1st April, 1974 while he was in employment otherwise than by way of manual labour, the rate of remuneration of which was valued at £2,250 a year or less, or

( d ) an employment contribution which was paid, payable or credited on or after the coming into operation of the Health Services (Amendment) Regulations, 1976 while he was in employment otherwise than by way of manual labour, the rate of remuneration of which was valued at £3,000 a year or less."

3. (1) For the purposes of this article—

"the National Agreements" means the Employer-Trade Union National Agreements of the Employer-Labour Conference ratified on 21st December, 1970, 31st July, 1972 and 7th March, 1974, and the Employer-Trade Union National Agreement of the Employer-Labour Conference ratified on the 22nd April, 1975, and revised on the 24th September, 1975;

"pay increases" means changes in rates of remuneration commensurate with changes in the rates of remuneration specified in Clause 3 of each of the National Agreements;

(2) Where the rate of remuneration of persons described in article 3 (2) (c) of the Health Services Regulations, 1974 ( S.I. No. 90 of 1974 ) (as substituted by article 2 of these Regulations) has increased to more than £3,000 a year between 1st April, 1974 and the date of commencement of these Regulations, by reason of pay increases then, notwithstanding the definition of "relevant period" in article 6 (1) of the Health Services Regulations, 1971 ( S.I. No. 105 of 1971 ), the relevant period for such persons for the purposes of article 6 (2) (b) of those Regulations shall mean the period commencing at the beginning of the third last complete contribution year before the relevant date and ending on the relevant date.

4. The Health Services Regulations, 1971, the Health Services Regulations, 1974 and these Regulations shall be construed as one.

GIVEN under the Official Seal of the Minister for Health this 1st day of July, 1976.

BRENDAN CORISH,

Minister for Health.

EXPLANATORY NOTE.

These Regulations exclude certain insured persons engaged in non-manual employment with a rate of remuneration exceeding in value £3,000 a year from entitlement to services provided under Sections 52 (1), 56 (2), 62 (1) and 63 (1) of the Health Act, 1970 .