Finance Act 2004

Amendment of section 470 (relief for insurance against expenses of illness) of Principal Act.

11.—Section 470 of the Principal Act is amended, as on and from the passing of this Act, in subsection (1)—

(a) by substituting the following for the definition of “authorised insurer”:

“ ‘authorised insurer’ means—

(a) any undertaking entered in the Register of Health Benefits Undertakings, lawfully carrying on such business of medical insurance referred to in paragraph (a) of the definition of ‘relevant contract’ but, in relation to an individual, also means any undertaking authorised pursuant to Council Directive No. 73/239/EEC of 24 July 19731 , Council Directive No. 88/357/EEC of 22 June 19882 , and Council Directive No. 92/49/EEC of 18 June 19923 , where such a contract was effected with the individual when the individual was not resident in the State but was resident in another Member State of the European Communities, or

(b) (i) any undertaking standing authorised under—

(I) the European Communities (Non-Life Insurance) Framework Regulations 1994 ( S.I. No. 359 of 1994 ),

(II) the European Communities (Non-Life Insurance) Regulations 1976 ( S.I. No. 115 of 1976 ), or

(III) the European Communities (Non-Life Insurance) (Amendment) (No. 2) Regulations 1991 ( S.I. No. 142 of 1991 ),

or

(ii) any undertaking authorised by the authority charged by law with the duty of supervising the activities of insurance undertakings in a Member State of the European Communities other than the State in accordance with Article 6 of Council Directive No. 73/239/EEC of 24 July 1973 as inserted by Article 4 of Council Directive No. 92/49/EEC of 18 June 1992,

lawfully carrying on such business of dental insurance referred to in paragraph (b) of the definition of ‘relevant contract’;”,

and

(b) by substituting the following for the definition of “relevant contract”:

“ ‘relevant contract’ means a contract of insurance which, in relation to an individual, the spouse of the individual, or the children or other dependants of the individual or of the spouse of the individual, provides specifically, whether in conjuction with other benefits or not, for the reimbursement or discharge, in whole or in part, of—

(a) actual health expenses (within the meaning of section 469), being a contract of medical insurance, or

(b) dental expenses other than expenses in respect of routine dental treatment (within the meaning of section 469), being a contract of dental insurance;”.

1 OJ No. L228, 16.8.1973, p.3

2 OJ No. L172, 4.7.1988, p.1

3 OJ No. L228, 11.8.1992, p.1