S.I. No. 432/1998 - Hepatitis C Compensation Tribunal Act, 1997 (Extension of Classes of Claimants Before Tribunal) Regulations, 1998

The Minister for Health and Children, in exercise of the powers conferred on him by Sections 4 (14) (d) and 9 of the Hepatitis C Compensation Tribunal Act, 1997 (No. 34 of 1997) (as adapted by the Health (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 308 of 1997 )), with the consent of the Minister for Finance, hereby makes the following regulations:

1. These Regulations may be cited as the Hepatitis C Compensation Tribunal Act, 1997 (Extension of Classes of Claimants before Tribunal) Regulations, 1998.

2. In these Regulations—

"the Act" means the Hepatitis C Compensation Tribunal Act, 1997 (No. 34 of 1997);

"diagnosed relative" means a parent, brother or sister, whether of the whole blood, the half blood or by affinity of a person referred to in section 4(1)(a) or (b) of the Act and who has been diagnosed positive for Hepatitis C.

3. It is hereby prescribed that—

(a) a diagnosed relative,

(b) a person who is responsible for the care of a diagnosed relative and who has incurred financial loss or expenses as a direct result of providing such care arising from the diagnosed relative being cared for having contracted Hepatitis C, and

(c) where a diagnosed relative has died as a result of having contracted Hepatitis C or where Hepatitis C was a significant contributory factor to the cause of death, any dependant of the diagnosed relative,

may make a claim for compensation before the Tribunal.

4. It is hereby prescribed that -

(a) a diagnosed relative may only make an application to the Tribunal within the period of 3 years of the date upon which she or he first became aware that she or he might have contracted Hepatitis C from a person referred to in paragraph (a) or (b) of section 4(1) of the Act, or the making of these Regulations, whichever is the later,

(b) a person referred to in Regulation 3(b) of these Regulations may only make an application to the Tribunal within the period of 3 years of the date upon which the diagnosed relative in her or his care first became aware that she or he might have contracted Hepatitis C from a person referred to in paragraph (a) or (b) of section 4 (1) of the Act, or the making of these Regulations, whichever is the later, and

(c) a person referred to in Regulation 3(c) of these Regulations may only make an application to the Tribunal within the period of 3 years of the date of the death of the diagnosed relative, or the making of these Regulations, whichever is the later.

5. Section 4(8) of the Act is hereby amended by the insertion in paragraph (d) after "subsection (1)(d) or (e)" of "or paragraph (b) or (c) of Regulation 3 of the Hepatitis C Compensation Tribunal Act, 1997 (Extension of Classes of Claimants before Tribunal) Regulations, 1998 ( S.I. No. 432 of 1998 )".

6. Section 5 of the Act is hereby amended by the insertion in subsection (2) after "of this Act" of "or paragraph (c) of Regulation 3 of the Hepatitis C Compensation Tribunal Act, 1997 (Extension of Classes of Claimants before Tribunal) Regulations, 1998 ( S.I. No. 432 of 1998 )".

The Minister for Finance consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance, this 31st day of October, 1998

Charlie McCreevey

Minister for Finance

GIVEN under the Official Seal of the Minister for Health and Children this 28th day of October, 1998

Brian Cowen

Minister for Health and Children.