|
|
Amendment of section 4 of Principal Act.
|
4.—Section 4 of the Principal Act is hereby amended—
|
|
| |
(a) in subsection (1)—
|
|
| |
(i) by the insertion in paragraph (c) after “who have” of “themselves”,
|
|
| |
(ii) by the insertion in paragraph (d) after “who has incurred” of “or will incur”, and
|
|
| |
(iii) by the substitution of the following paragraphs for paragraphs (e) and (f)—
|
|
| |
“(e) where a person referred to in paragraph (a), (b) or (c) 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 such person,
|
|
| |
(f) a person who has been diagnosed positive for HIV as a result of receiving a relevant product within the State,
|
|
| |
(g) children or any spouse of a person referred to in paragraph (f) who have themselves been diagnosed positive for HIV,
|
|
| |
(h) any person who is married to a person referred to in paragraph (a), (b) or (f), or who has been living with a person referred to in paragraph (a), (b) or (f) for a continuous period of not less than three years, in respect of the loss of consortium of the person, including impairment of sexual relations with the person, arising from the risk of transmission of Hepatitis C or HIV,
|
|
| |
(i) any person who is responsible for the care of a person referred to in paragraph (f) or (g) and who has incurred or will incur financial loss or expenses as a direct result of providing such care arising from the person being cared for having contracted HIV,
|
|
| |
(j) where a person referred to in paragraph (f) or (g) has died as a result of having contracted HIV or where HIV was a significant contributory factor to the cause of death, any dependant of such person, and
|
|
| |
(k) a person referred to in section 9 in accordance with that section.”,
|
|
| |
(b) by the insertion of the following subsection after subsection (2):
|
|
| |
“(2A) Subsection (2) shall not apply to a person who has received a payment under the 1991 settlement or an award from any court (including an award from a court on an appeal from the Tribunal) or a payment in respect of an action against a party other than the State or a relevant agency arising out of any circumstances which would give rise to a claim before the Tribunal.”,
|
|
| |
(c) by the insertion of the following subsection after subsection (6):
|
|
| |
“(6A) (a) A claimant shall state in any application to the Tribunal—
|
|
| |
(i) whether he or she has previously made a claim to the Tribunal or, where the claimant is a dependant referred to in subsection (1)(j), whether the person whose death has given rise to the dependent's claim had previously made a claim to the Tribunal, and
|
|
| |
(ii) whether he or she received a payment under the 1991 settlement or, where the claimant is a dependant referred to in subsection (1)(j), whether the person whose death has given rise to the dependant's claim received a payment under the 1991 settlement,
|
|
| |
and the Tribunal may take such steps as it thinks fit to verify the statements made in the application.
|
|
| |
(b) The Minister may, in relation to an application, furnish the Tribunal with particulars of the 1991 settlement relevant to the application.
|
|
| |
(c) Where a person infected with Hepatitis C and HIV who has not made a claim for compensation to the Tribunal before the commencement of the Hepatitis C Compensation Tribunal (Amendment) Act, 2002, makes a claim in respect of both conditions after such commencement, then, the Tribunal may, if it considers it appropriate to do so, hear and determine both claims together.
|
|
| |
(d) Where a person proposes to make a claim for compensation to the Tribunal after the commencement of the Hepatitis C Compensation Tribunal (Amendment) Act, 2002, and where that person had previously made a claim to the Tribunal which had not been determined before such commencement, then, the Tribunal may, if it considers it appropriate to do so, hear and determine both claims together.”,
|
|
| |
(d) in subsection (8), by the insertion after “A claimant” of “referred to in paragraph (a), (b), (c), (d) or (e) of subsection (1)”,
|
|
| |
(e) by the insertion of the following subsection after subsection (8):
|
|
| |
“(8A) A claimant referred to in paragraph (f), (g), (h), (i) or (j) of subsection (1) shall, as the case may be, establish to the satisfaction of the Tribunal, on the balance of probabilities—
|
|
| |
(a) that the HIV in respect of which the claimant has been diagnosed positive resulted from a relevant product received by the claimant within the State,
|
|
| |
(b) that the HIV was transmitted to the claimant from a person referred to in paragraph (a) following such receipt,
|
|
| |
(c) that the HIV was transmitted to the person being cared for following such receipt, or
|
|
| |
(d) that the HIV was transmitted to the person in respect of whom the claimant is a dependant following such receipt.”,
|
|
| |
(f) by the insertion in subsection (13) after “Board” of “or in any report of the Tribunal of Inquiry into the infection with HIV and Hepatitis C of Persons with Haemophilia, and related matters”,
|
|
| |
(g) by the substitution in subsection (14)(d) of “(k)” for “(f)”,
|
|
| |
(h) by the insertion of the following subsection after subsection (14):
|
|
| |
“(14A) Subject to subsections (15) and (16)—
|
|
| |
(a) a claimant referred to in paragraph (f) or (g) of subsection (1) may make an application to the Tribunal only during the period of 3 years from the date upon which he or she first became aware of the fact that he or she may have been diagnosed positive for HIV or from the date of the commencement of the Hepatitis C Compensation Tribunal (Amendment) Act, 2002, whichever is the later,
|
|
| |
(b) a claimant referred to in subsection (1)(i) may make an application to the Tribunal only during the period of 3 years from the date upon which he or she began to incur such financial loss or expenses or from the date of the commencement of the Hepatitis C Compensation Tribunal (Amendment) Act, 2002, whichever is the later,
|
|
| |
(c) a claimant referred to in paragraph (e) or (j) of subsection (1) may make an application to the Tribunal only during the period of 3 years from the date of the death of a person referred to in paragraph (a), (b), (c), (f) or (g) of subsection (1) or the date of the commencement of the Hepatitis C Compensation Tribunal (Amendment) Act, 2002, whichever is the later, and
|
|
| |
(d) a claimant referred to in subsection (1)(h) may make an application to the Tribunal only during the period of 3 years from the date of the loss of consortium of a person referred to in paragraph (a), (b) or (f) of subsection (1), including the impairment of the sexual relations with the person, arising from the risk of transmission of Hepatitis C or HIV or the date of the commencement of the Hepatitis C Compensation Tribunal (Amendment) Act, 2002, whichever is the later.”,
|
|
| |
(i) in subsection (15), by the insertion after “subsection (14)” of “and in subsection (14A)”, and
|
|
| |
(j) in subsection (16), by the insertion after “subsection (14)” of “and in subsection (14A)”.
|
