International Protection Act 2026
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Health care | ||
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80. (1) The Minister for Health shall ensure that an applicant has access to such health care as is necessary, including— | ||
(a) emergency health care, | ||
(b) such health care as is necessary for the essential treatment of illnesses, including of serious mental disorders, | ||
(c) sexual and reproductive health care which is essential to address a serious physical condition, and | ||
(d) such other health care as is necessary to protect the applicant’s physical and mental health. | ||
(2) The Minister for Health shall ensure that an applicant who is a minor has access to health care in the like manner and to the like extent in all respects as a person who has not attained the age of 18 years and is an Irish citizen. | ||
(3) Where an applicant who is a minor starts specific treatment in accordance with this section before attaining the age of 18 years and the treatment is considered to be necessary, such treatment shall be continued without interruption or delay after the applicant reaches the age of 18 years for so long as is necessary and for so long as the applicant remains on the territory of the State. | ||
(4) Where an applicant has been assessed as having special reception needs under Part 2 or section 81 , the Minister for Health shall ensure, having regard to those needs, that the applicant has access to— | ||
(a) such mental health care as is appropriate, and | ||
(b) where needed for medical reasons, such medical or other assistance as is appropriate and such rehabilitation or assistive device as is necessary. | ||
(5) The Minister for Health shall ensure that the health care received in accordance with this section is in accordance with Article 19(2) of the Reception Conditions Directive. | ||
(6) The Minister and the Minister for Health shall ensure that the requirements of subsection (5) are also met in respect of— | ||
(a) applicants assessed as having special reception needs under Part 2 or section 81 , and | ||
(b) applicants held in detention under this Act. | ||
(7) Subject to subsection (8), following consultation with the Minister, the Minister for Health may by regulations do one or more than one of the following: | ||
(a) require an applicant to cover or contribute to the cost of the health care where the applicant has sufficient means to do so; | ||
(b) where it transpires that an applicant had sufficient means to cover the cost of health care received in accordance with this section at the time the applicant was provided with that healthcare, require that the applicant refund the cost of the health care to the State; | ||
(c) in so far as is necessary and proportionate for the purposes of this subsection, impose requirements on an applicant to share details of the applicant’s financial means with the Minister and the Minister for Health in such form and manner and in such circumstances as may be prescribed; | ||
(d) in so far as is necessary and proportionate for the purposes of this subsection, impose requirements on an employer of an applicant, the Minister for Social Protection or the Revenue Commissioners to share details of payments an applicant received while an applicant with the Minister and the Minister for Health in such form and manner and in such circumstances as may be prescribed. | ||
(8) The Minister may only require an applicant to cover or contribute to the cost of the health care received under this section where the health care provided is not provided free of charge to Irish citizens. | ||
(9) Regulations under subsection (7) shall ensure that any measures requiring an applicant to fund or refund the cost of health care to the State— | ||
(a) respect the principle of proportionality, | ||
(b) take into account the individual circumstances of the applicant, | ||
(c) take into account the need to respect the applicant’s dignity or personal integrity, and | ||
(d) take into account the applicant’s special reception needs. | ||
(10) An applicant who has been notified of a decision to transfer him or her to another Member State in accordance with Part 6 shall not be entitled to avail of the entitlements under, or be subject to the requirements of, subsection (7), (8) or (9). | ||
(11) Persons providing necessary medical and psychological treatment and care to applicants who have been subjected to trafficking in human beings, torture, rape or other serious acts of psychological, physical or sexual violence shall— | ||
(a) have, and continue to receive, appropriate training concerning the needs of such applicants and appropriate treatments for such applicants, and | ||
(b) treat any information received in working with such applicants as confidential and not disclose it to any person other than— | ||
(i) for the purpose of the performance of functions under this Act or the EU acts, | ||
(ii) when required, by order of a court of competent jurisdiction, to disclose the information in civil or criminal proceedings, or | ||
(iii) where otherwise required to do so in accordance with any enactment. |