1. HomeBaile
  2. Statutory InstrumentsIonstraimí Reachtúla
  3. 1998
  4. S.I. No. 498/1998 - Nursing Homes (Subvention) (Amendment) Regulations, 1998

S.I. No. 498/1998 - Nursing Homes (Subvention) (Amendment) Regulations, 1998

S.I. No. 498 of 1998.

NURSING HOMES (SUBVENTION)(AMENDMENT) REGULATIONS, 1998

In exercise of the powers conferred on the Minister for Health and Children by Section 7 (2) of the Health (Nursing Homes) Act, 1990 (No. 23 of 1990) (as adapted by the Health (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 308 of 1997 )), which said powers are delegated to me by the Health and Children (Delegation of Ministerial Functions) Order, 1997 (No 401 of 1997) I, Dr. Tom Moffatt T.D., Minister of State at the Department of Health and Children hereby make the following Regulations: —

1. These Regulations may be cited as the Nursing Homes (Subvention)(Amendment) Regulations, 1998.

2. These Regulations shall come into operation on the 1st day of January, 1999.

3. Article 3 of the Nursing Homes (Subvention) Regulations, 1993 ( S.I. No. 227 of 1993 ) is hereby amended by the deletion of the word "circumstances" and the definition thereof.

4. Articles 4.5, 10.4, 10.5, 10.6, 11.3, 13.1, 14.6, 14.7, 19.1, 21.1, 21.2 and 21.3 of the Nursing Homes (Subvention) Regulations, 1993 ( S.I. No. 227 of 1993 ) are hereby amended by the deletion of the words "and circumstances" wherever these words occur.

5. Article 8 of the Nursing Homes (Subvention) Regulations, 1993 ( S.I. No. 227 of 1993 ) is hereby amended by the deletion of Article 8.2 and the substitution of the following:—

"8.2 A health board in assessing the means of the person in respect of whom a subvention is being sought under these Regulations, and in calculating the amount of subvention to be paid in accordance with the Regulations, shall ensure that income equivalent to one-fifth of the weekly rate of the Old Age Non-Contributory Pension payable at the time, is disregarded for the purposes of such assessment, such sum to be retained by the person for his or her personal use".

6. Articles 9.1 and 9.2 of the Nursing Homes (Subvention) Regulations, 1993 ( S.I. No. 227 of 1993 ) are hereby revoked.

7. Articles 14.1, 14.2, 14.3, 14.4, 14.10, 14.11 and 18 of the Nursing Homes (Subvention) Regulations, 1993 ( S.I. No. 227 of 1993 ) are hereby amended by the deletion of the words "and/or circumstances" wherever these words occur.

8. Article 14.5 of the Nursing Homes (Subvention) Regulations, 1993 ( S.I. No. 227 of 1993 ) is hereby amended by the deletion of the following: -

"and the circumstances of the person as provided for under articles 9.1 to 9.2 of these Regulations".

9. The Third Schedule of the Nursing Homes (Subvention) Regulations, 1993 ( S.I. No. 227 of 1993 ) as amended by the Nursing Homes (Subvention)(Amendment) Regulations, 1996 (No. 225 of 1996) is hereby revoked.

Given under the Official Seal of the Minister for Health and Children this 21st day of December, 1998.

Dr Tom Moffatt T.D.

Minister of State at the Department of Health and Children

EXPLANATORY NOTE

These Regulations amend the Nursing Homes (Subvention) Regulations, 1993 ( S.I. No. 227 of 1993 ) as amended by the Nursing Homes (Subvention)(Amendment) Regulations, 1996 ( S.I. No. 225 of 1996 ) by removing the provisions which allowed for the assessment of the capacity of sons and/or daughters over 21 years of age to contribute towards the cost of nursing home care of their parent.

In addition, these Regulations oblige health boards to disregard income equivalent to one fifth of the weekly rate of the Old Age Non-Contributory Pension when assessing the means of an applicant for subvention, such sum to be retained for his or her personal use.