HEALTH ACT, 1970

Type Act

Publication 1970-02-24

Last updated 2026-07-21

State Partially repealed

Text Latest available text

Source Irish Statute Book

articles 110

This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.

127 amending acts · 2026-07-21, HEALTH (PROVISION OF CONTRACEPTION PRESCRIBING SERVICE IN RETAIL PHARMACY BUSINESSES) ACT 2026

Reform history JSON API

AN ACT TO AMEND AND EXTEND THE HEALTH ACTS, 1947 TO 1966, AND CERTAIN OTHER ENACTMENTS, TO PROVIDE FOR THE ESTABLISHMENT OF BODIES FOR THE ADMINISTRATION OF THE HEALTH SERVICES, AND FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [24th February, 1970.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I Preliminary and General

1. Short title, collective citation, construction and commencement.

1.—(1) This Act may be cited as the Health Act, 1970.

(2) The Health Acts, 1947 to 1966, and this Act may be cited together as the Health Acts, 1947 to 1970.

(3) The Health Acts, 1947 to 1966, and this Act shall be construed together as one Act.

(4) Save as otherwise specifically provided for, this Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

2. Interpretation.

2.—(1) In this Act a reference to a Part, section or schedule is to a Part, section or schedule of this Act, unless it is indicated that reference to some other enactment is intended.

(2) In this Act a reference to a subsection, paragraph, subparagraph or rule is to the subsection, paragraph, subparagraph or rule of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(3) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or extended by any subsequent enactment.

3. Repeals.

3.—The enactments specified in column (2) of the First Schedule are hereby repealed to the extent specified in column (3) of the Schedule.

PART II Administration

Chapter I Health Boards

4. Establishment of health boards.

4.—(1) F1[…]

(2) F2[…]

(3) F2[…]

(4) F2[…]

(5) F1[…]

(6) F1[…]

5. General provisions regarding health boards.

5.—(1) F3[…]:

(a) F3[…]

(b) F3[…]

(d) F4[…]

(e) F4[…]

(2) F4[…]

(3) F4[…]

F5[(4) The seal of the board shall be authenticated by the signature of the chief executive officer of the board, or any person for the time being performing the functions of chief executive officer of the board, and the signature of another officer of the board authorised to act in that behalf.]

6. Functions of health boards.

6.—F6[…]

7. Local committees.

7.—F7[…]

8. Committees of health boards.

8.—F8[…]

9. Expenses of members of boards and committees.

9.—F9[…]

10. Allowances to chairmen and vice-chairmen of health boards.

10.—F10[…]

11. Joint action by health boards.

11.—F11[…]

12. Removal of board from office.

12.—F12[…]

Chapter II Officers and Servants, etc.

13. Chief executive officers of health boards.

13.—F13[…]

14. Other officers and servants of health boards.

14.—F14[…]

15. Application of Local Authorities (Officers and Employees) Acts, 1926 and 1940.

15.—F15[…]

16. Delegation by chief executive officer.

16.—(1) F16[…]

(2) F16[…]

(3) F16[…]

(4) F16[…]

(5) F16[…]

(6) F16[…]

(7) F17[…]

17. Performance of duties of officers.

17.—(1) F18[…]

(2) F18[…]

(3) F18[…]

(4) F19[…]

(5) F19[…]

18. Qualifications for offices under health boards.

18.—F20[…]

19. Age limits.

19.—F21[…]

20. Superannuation.

20.—F22[…]

21. Suspension and removal of chief executive officer.

21.—(1) F23[…]

(2) F24[…]

(3) F24[…]

(4) F23[…]

(5) F23[…]

22. Suspension of other officers of health boards.

22.—F25[…]

23. Removal of officers and servants.

23.—(1) F26[…]

(2) F26[…]

(3) F26[…]

(4) F27[…]

(5) Removals of officers and servants under this section shall be carried out in accordance with regulations made by the Minister and such regulations shall provide—

(a) that effect shall not be given to any proposal for removal unless prescribed notice has been sent to the officer or servant of the reasons for the proposal, and

(b) that any representations made by him or on his behalf on the proposal which are received within a prescribed period shall be considered.

24. Committees for certain removals.

24.—F28[…]

25. Arrangements between health boards and local authorities.

25.—F29[…]

26. Arrangements by health boards for provision of services.

26.—F30[…]

Chapter III Finance

27. Accounts of health boards.

27.—F31[…]

28. Audits of health board accounts.

28.—F32[…]

29. Abstract of health board accounts.

29.—F33[…]

30. Health board estimates.

30.—F34[…]

31. Limitations on expenditure by health board.

31.—F35[…]

32. Grants and local contributions to health boards.

32.—(1) F36[…]

(2) F37[…]

(3) F37[…]

(4) F37[…]

(5) F37[…]

(6) F37[…]

(7) F37[…]

(8) F37[…]

(9) F38[…]

(10) F37[…]

33. Borrowing and acceptance of gifts by health boards.

33.—F39[…]

Chapter IV Dissolution of Certain Bodies, etc.

34. Dissolutions of certain health authorities and consequential provisions.

34.—F40[…]

35. Dissolutions of joint boards under section 45 of Health Act, 1953.

35.—F41[…]

36. Transfers of certain property.

36.—F42[…]

37. Transfer of certain officers and continuance of certain contracts of service.

37.—F43[…]

PART III Hospitals, etc.

38. Provision and maintenance of hospitals, etc.

38.—(1) A health board may, with the consent of the Minister, provide and maintain any hospital, sanatorium, home, laboratory, clinic, health centre or similar premises required for the provision of services under the Health Acts, 1947 to 1970.

(2) The Minister may give to a health board such direction as he thinks fit in relation to the provision or maintenance of any premises provided and maintained under subsection (1) and in relation to the arrangements for providing services therein, and the health board shall comply with any such direction.

(3) A health board may and, if directed by the Minister, shall discontinue the provision and maintenance of any premises provided and maintained by it under subsection (1).

(4) A health board shall not exercise its powers under subsection (3) in relation to the discontinuance of the provision and maintenance of a hospital, sanatorium or home save with the consent of the Minister.

(5) The Minister shall not give a direction under subsection (3) in relation to the discontinuance of the provision and maintenance of a hospital, sanatorium or home save after having caused a local inquiry to be held into the desirability of the discontinuance.

(6) Where, on a discontinuance under subsection (3), a person who held an office under the health board in the premises affected is offered a similar office by the board, the first-mentioned office shall, for the purposes of the superannuation of the person, be deemed not to have been abolished.

39. Religious services.

39.—(1) A health board shall make arrangements with the appropriate authorities for the performance of religious services in each hospital, sanatorium and home maintained by it.

(2) The amount of any payment made to a person by a health board under an arrangement under this section shall be subject to the approval of the Minister.

40. Acquisition of land for voluntary bodies.

F44[40.—(1) A health board may, on the request of a body which provides or proposes to provide institutional services or any other service similar or ancillary to a service which the health board may provide, and subject to any general directions given by the Minister, provide for the body any land which is shown by the body, to the satisfaction of the health board, to be required for the efficient performance of the functions of the body.]

F44[(2) Where a health board decides to provide land under this section for a body, it may acquire the land either by agreement, subject to any general directions given by the Minister, or compulsorily under Part VIII of the Health Act, 1947, and may lease such land to or for the benefit of the body.]

(3) Where a health board is requested by a body to provide under this section any land for the body, the board may, as a condition precedent to its so providing the land, require the body to undertake to defray the whole or part of the cost of so providing the land.

41. Bodies for co-ordination and development of hospital services.

41.—(1) F45[…]

(2) F46[…]

(3) F45[…]

(4) F45[…]

(5) F45[…]

(6) F45[…]

(7) F45[…]

(8) F45[…]

(9) F46[…]

(10) F46[…]

(11) F45[…]

(12) F45[…]

(13) F45[…]

(14) F45[…]

(15) F45[…]

(16) F45[…]

42. Dissolution of Hospitals Commission.

42.—F47[…]

43. Amendment of Public Hospitals Act, 1933.

43.—(1) The definition of “hospital” in section 1 of the Act of 1933 is hereby amended by the insertion of “or for providing services for hospitals” after “medical research”.

(2) Section 14 (5) of the Act of 1933, in its operation in relation to appointments made between the commencement of this section and the commencement of section 42, shall be construed as if “such period as may be specified by the Minister” were substituted for “two years”.

(3) In this section “the Act of 1933” means the Public Hospitals Act, 1933.

44. Administration of Central Mental Hospital.

44.—(1) The Minister may, by order made with the consent of the Minister for Finance, arrange for the transfer of the administration of the Central Mental Hospital to the health board (in this section referred to as the relevant health board) the functional area of which includes the county of Dublin.

(2) Where an order has been made under this section—

(a) the Central Mental Hospital shall be administered by the relevant health board and its officers and servants, as if it were a hospital maintained by the board under section 38 and

(b) a reference in any enactment to the resident governor and physician of the Central Mental Hospital shall be construed as a reference to the officer of the relevant health board who is for the time being the senior medical officer of that Hospital.

(3) Any person who, immediately before the commencement of this section, was an officer of the Minister employed in the Central Mental Hospital and who opts within the period of six months beginning on such commencement to be appointed to an office under the relevant health board shall be so appointed by the chief executive officer as from the commencement of an order under this section.

(4) Notwithstanding the provisions of the Central Criminal Lunatic Asylum (Ireland) Act, 1845, the Minister may, with the consent of the Minister for Finance, arrange for functions relating to the repairing, enlarging, improving, upholding or furnishing of the Central Mental Hospital to be performed by the relevant health board.

PART IV Health Services

Chapter I Eligibility

45. Full eligibility.

45.—(1) A person in either of the following categories F48[and who is ordinarily resident in the State] shall have full eligibility for the services under this Part—

(a) adult persons F49[who, in the opinion of the Health Service Executive, are] unable without undue hardship to arrange general practitioner medical and surgical services for themselves and their dependants,

(b) dependants of the persons referred to in paragraph (a).

F50[(2) F51[Subject to subsection (2A), in deciding] whether or not a person comes within the category mentioned in subsection (1)(a), the Health Service Executive shall have regard to the person’s overall financial situation (including the means of the spouse F52[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010], if any, of that person in addition to the person's own means) in view of the person's reasonable expenditure in relation to himself or herself and his or her dependants, if any.]

F53[(2A) In having regard under subsection (2) to a person’s overall financial situation, the Health Service Executive shall disregard any relevant sums (within the meaning of section 216A of the Taxes Consolidation Act 1997) arising to the person (or the person’s spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010) where the relevant sums qualify for relief under section 216A of the Taxes Consolidation Act 1997.]

(3) The Minister may, with the consent of the Minister for Finance, by regulations specify a class or classes of persons who shall be deemed to be within the categories mentioned in subsection (1).

(4) A draft of regulations which it is proposed to make under this section shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.

(5) Section 5(5) of the Health Act, 1947, shall not apply to regulations under this section.

F54[(5A) Notwithstanding any other enactment, with effect from 2 March 2009 a person also shall have full eligibility for the services under this Part if the person attained the age of 70 years before 1 January 2009 and is ordinarily resident in the State, so long as the person’s gross income does not exceed the relevant gross income limit under section 45A.]

F55[(5B) A person who is a child within the meaning of section 186C of the Social Welfare Consolidation Act 2005 and in respect of whom an allowance is being paid under Chapter 8A of Part 3 of that Act shall have full eligibility for the services under this Part and, notwithstanding subsection (6), references in this Part to persons with full eligibility shall be construed as including references to such persons.]

(6) References in this Part to persons with full eligibility shall be construed as referring to persons in the categories mentioned in subsection (1) or deemed to be within those categories.

(7) Any person who is not in either of the categories mentioned in subsection (1) F48[or who is not ordinarily resident in the State] but who, in relation to a particular service which is available to persons with full eligibility, is considered by the chief executive officer of the appropriate health board to be unable, without undue hardship, to provide that service for himself or his dependants shall, in relation to that service, be deemed to be a person with full eligibility.

45A. F56[Full eligibility.

45A.—(1) Notwithstanding section 45(6), a person in one of the following categories and who is ordinarily resident in the State also shall have full eligibility for the services under this Part:

(a) persons who, on or after 1 January 2009, attain or have attained the age of 70 years, whose gross income does not exceed the relevant income limit and who—

(i) make an application to the Health Service Executive in such form as it may consider appropriate, and

(ii) receive confirmation from the Health Service Executive that they have full eligibility for services under this Part because they have attained the age of 70 years, are ordinarily resident in the State and their gross income does not exceed the relevant gross income limit, so long as their gross income does not exceed that relevant limit;

(b) F57[…]

(i) if the surviving persons have attained the age of 70 years at the time of the death,

(ii) if the death occurred on or after 1 January 2009, and

(iii) for a period of 3 years after the death, so long as their gross income does not exceed the gross income limit set out in paragraph (b) of subsection (2) during that period;

and

F58[(1A) Where—

(a) a person—

(i) was married to another person until that other person’s death,

(ii) was living with another person as a married couple until that other person’s death, or

(iii) was a civil partner as respects another person until that other person’s death,

(b) the death of the other person occurred on or after 1 January 2014, and

the gross income limit applicable to the surviving person in the 3 years following the death of that other person shall—

(i) as respects the period commencing on 1 January 2014 and ending on the day before the relevant date be €900 per week, not including the income from the portion of his or her savings or similar investments whose capital value does not exceed €72,000, and

(ii) as respects the period commencing on the relevant date be €1,050 per week, not including the income from the portion of his or her savings or similar investments whose capital value does not exceed €72,000,

but such gross income limit shall apply only as respects such part of the 3 year period as the surviving person is not married, is not living together with another person as a married couple, or does not have a civil partner.]

(2) The Health Service Executive shall provide any necessary supports to any person in the making of an application under subsection (1) where, by reason of any incapacity, such person requests such assistance.

F59[(3) The gross income limits for the purposes of this section and section 45(5A) are the following:

(a) in respect of the period commencing on 1 January 2014 and ending on the day before the relevant date—

(i) if a person—

(I) is not married,

(II) is not living together with another person as a married couple, and

(III) does not have a civil partner,

his or her gross income limit is €500 per week, not including the income from the portion of the person’s savings or similar investments whose capital value does not exceed €36,000, and

(ii) if persons—

(I) are married,

(II) live together as a married couple, or

(III) are civil partners as respects each other,

their combined gross income limit is €900 per week, not including the income from the portion of their savings or similar investments whose capital value does not exceed €72,000,

and

(b) in respect of the period commencing on the relevant date—

(i) if a person—

(I) is not married,

(II) is not living together with another person as a married couple, and

(III) does not have a civil partner,

his or her gross income limit is €550 per week, not including the income from the portion of the person’s savings or similar investments whose capital value does not exceed €36,000, and

(ii) if persons—

(I) are married,

(II) live together as a married couple, or

(III) are civil partners as respects each other,

their combined gross income limit is €1,050 per week, not including the income from the portion of their savings or similar investments whose capital value does not exceed €72,000.]

(4) The Minister shall, on 1 September of every year, review the most recent information on the consumer price index made available by the Central Statistics Office, and may, with the consent of the Minister for Finance, by regulations to take effect on 1 January next following that review, F60[increase or decrease] the gross income limits specified for the purposes of this section and section 45(5A) to reflect any F60[increase or decrease] in that index.

F61[(5) In the calculation of the gross income of a person for the purposes of this section and section 45(5A), all gross income from all sources is to be included except for the gross income arising from the following sources of income and any subsequent income from the investment of the monies arising from the sources referred to in paragraphs (a) to (e):

(a) compensation awards to persons under the Hepatitis C Compensation Tribunal Acts 1997 to 2006;

(b) compensation awards by way of the Residential Institutions Redress Board established under section 3 of the Residential Institutions Redress Act 2002;

(d) ex-gratia awards approved by the Lourdes Hospital Redress Board under the terms of the Lourdes Hospital Redress Scheme 2007;

(e) such other awards and payments prescribed in regulations made under subsection (7);

(f) relevant sums (within the meaning of section 216A of the Act of 1997) arising to the person (or the person’s spouse or civil partner) which qualify for relief under section 216A of the Act of 1997.]

(6) F61[Subject to subsection (5)(f), in the calculation of] gross income for the purposes of this section and section 45(5A), income will not be imputed from property (whether a family home, a holiday home or any other property), unless it is rented, and only the net rental income will be included as income, calculated as gross income, less any cost necessarily incurred associated with the rental of the property.

(7) The Minister may make regulations prescribing a class or classes of payments not coming within paragraphs (a) to (d) of subsection (5) but which the Minister considers to be made for a similar purpose as those made under those paragraphs.]

F62[(8) In this section—

F63["Act of 1997" means the Taxes Consolidation Act 1997.]

"civil partner" has the same meaning as it has in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

"relevant date" means the date on which section 2 of the Health (General Practitioner Service and Alteration of Criteria for Eligibility) Act 2020 comes into operation.]

46. Limited eligibility.

F64[46.—Any person ordinarily resident in the State who is without full eligibility shall, subject to section 52(3), have limited eligibility for the services under this Part.]

47. Appeals.

47.—(1) When, in the administration of F65[sections 45 F66[, 45A], 46 or 58], an officer of a health board decides that a person does not come within a category specified by or under the relevant section, an appeal shall lie from the decision to a person (being either another officer of the health board or a person not such an officer) appointed or designated by the Minister.

(2) The Minister may by regulations provide for the making and determination of appeals under this section.

47A. F71[Guidelines on "ordinarily resident in the State".

47A.—The Minister may issue guidelines to—

(a) the Health Service Executive, and

(b) persons appointed or designated by him or her under section 47(1),

to assist those persons in making decisions or determining appeals as to whether a person is ordinarily resident in the State for the purposes of section 45, 45A, 46, F72[53C(9)(bb)], F73[58, F74[58A, F75[58B, 58D, F76[62A, 67E or 67F]]]].]

48. Declaration regarding means.

48.—For the purpose of determining whether a person is or is not a person with full eligibility or a person with limited eligibility, or a person entitled to a particular service provided under the Health Acts, 1947 to 1970, a health board may require that person to make a declaration in such form as it considers appropriate in relation to his means and may take such steps as it thinks fit to verify the declaration.

48A. F78[Review of eligibility in certain circumstances.

48A.—F79[(1) Where a person is notified by the Health Service Executive that he or she has full eligibility under this Part by reason of section 45(5A) or 45A, he or she shall, if requested to do so by the Health Service Executive at any time after such notification, furnish to the Health Service Executive such information regarding that person’s income and assets as the Health Service Executive considers necessary for it to establish if that person has or continues to have full eligibility.]

(2) Where a person fails or refuses to furnish the information requested by the Health Service Executive under subsection (1) within such reasonable period as is specified in the request the Health Service Executive may suspend or cancel the full eligibility of such person.

(3) A person who by reason of section 45(5A) or section 45A had, prior to the coming into operation of this section, been notified by the Health Service Executive that he or she had full eligibility under this Part and who by reason of the amendments to section 45A effected by section 3 of the Health (Alteration of Criteria for Eligibility) Act 2013 ceases to have such eligibility, shall retain such eligibility until 31 May 2013.]

F80[(4) A person—

(a) who by reason of section 45(5A) or 45A had, prior to 1 January 2014, been notified by the Health Service Executive that he or she had full eligibility under this Part,

(b) who continued to have such full eligibility until 31 December 2013, and

(c) who by reason of the amendments to section 45A effected by section 1 of the Health (Alteration of Criteria for Eligibility) (No. 2) Act 2013 ceases to have such eligibility,

shall retain such eligibility until 28 February 2014.]

49. Change of circumstances.

49.—(1) Where a person is recorded by a health board as entitled, because of specified circumstances, to a service provided by the board under the Health Acts, 1947 to 1970, he shall notify the board of any change in those circumstances which disentitles him to the service.

F81[(1A) A person who has attained the age of 70 years before 1 January 2009 and who has received confirmation before that date from the Health Service Executive, or has communicated in writing before that date with the Health Service Executive with a view to receiving confirmation from it, that he or she has full eligibility for the services under this Part shall, no later than 2 March 2009—

(a) review his or her gross income from all sources, other than the sources referred to in section 45A(5), and

(b) notify the Health Service Executive if he or she has concluded that that income exceeds the relevant gross income limit set out in section 45A, unless the person has received confirmation from the Health Service Executive that he or she has full eligibility for the services under this Part otherwise than under section 45(5A).]

(2) A person who knowingly contravenes subsection (1) F81[or (1A)] shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding £50.

50. Charge where person not entitled obtains service.

50.—When a person has obtained a service under the Health Acts, 1947 to 1970, and it is ascertained that he was not entitled to the service, the appropriate health board may charge therefor a charge approved of or directed by the Minister.

Chapter II Hospital In-Patient and Out-Patient Services

51. F82[In-patient services.

51.—In this Part—

"acute in-patient services" means in-patient services provided—

(a) in a hospital for the care and treatment of patients with acute ailments (including psychiatric ailments), and

(b) to persons requiring medically acute care and treatment F83[(including care and treatment in respect of motherhood or termination of pregnancy)];

"in-patient services" means institutional services provided for persons while maintained in a hospital, convalescent home or home for persons suffering from physical or mental disability or in accommodation ancillary thereto;

"long-term residential care services" means long-term residential care services within the meaning of the Nursing Homes Support Scheme Act 2009.]

52. Provision of in-patient services.

52.—(1) A health board shall make available in-patient services for persons with full eligibility and persons with limited eligibility.

F84[(1A) The Health Service Executive may make available long-term residential care services F85[…].]

(2) F85[…]

F86[(3) F87[Where,] in respect of in-patient services, a person with full eligibility or limited eligibility for such services F87[does not avail of or waives his or her right to avail of, some part of those services] but instead avails of like services not provided under section 52(1), then the person shall, while being maintained for the said in-patient services, be deemed not to have full eligibility or limited eligibility, as the case may be, for those in-patient services.]

53. Charges for in-patient services.

53.—F88[…]

53A. F89[Charges for in-patient services in certain cases.

53A.—F90[(1) This section applies where—

(a) in-patient services (not being long-term residential care services) are provided to a person in a hospital for the care and treatment of patients with acute ailments (including any psychiatric ailments) and a registered medical practitioner designated by the Health Service Executive has certified in writing that the person in receipt of such services does not require medically acute care and treatment in respect of any such ailment, or

(b) in-patient services are being provided to a person—

(i) who is a resident in a designated centre for older people (as defined in the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2009 (S.I. No. 236 of 2009)) at which centre services are provided by or on behalf of the Health Service Executive,

(ii) who first began to receive those in-patient services on or after 27 October 2009,

(iii) who is not being provided with State support or ancillary State support under the Nursing Homes Support Scheme Act 2009, and

(iv) in respect of whom a registered medical practitioner designated by the Health Service Executive has certified in writing that long-term residential care services are required.]

(2) Where this section applies, notwithstanding F91[section 67C], charges may be made in respect of in-patient services on the basis specified in subsection (3) as if those services were long-term residential care services F92[…] provided by the Health Service Executive, and whether or not the person concerned has made an application for State support under section 9 of that Act.

(3) The charges referred to in subsection (2) shall be determined by the average cost of long-term residential care services as determined by the Health Service Executive in facilities operated by the Health Service Executive and publicly designated in writing as facilities predominantly for the care of older people.

(4) Subject to subsection (5), this section shall not apply where a person has applied for a care needs assessment under section 7 of the Nursing Homes Support Scheme Act 2009 and is awaiting a determination by the Executive under section 7 of that Act.

(5) Subsection (4) shall not apply where a person withdraws an application under section 7 of the Nursing Homes Support Scheme Act 2009 and makes a subsequent application.]

53B. F93[Charges for long-term residential care services.

53B.—(1) Charges shall be made for long-term residential care services in accordance with the Nursing Homes Support Scheme Act 2009.

(2) A reference in subsection (1) to long-term residential care services shall be construed as a reference to such services provided to a person who first began to receive those services on or after 27 October 2009.

(3) A person who is required by or under section 67C to make payment of a residential support services maintenance and accommodation contribution shall not be required to pay charges under this section.

(4) In any enactment—

(a) a reference to section 53(1A) shall be construed as a reference to subsection (1),

(b) a reference to section 53(1B) shall be construed as a reference to subsection (2),

(d) a reference to section 53 other than subsections (1A), (1B) or (1C) shall be construed as a reference to—

(i) section 53C,

(ii) section 67C, or

(iii) to both sections 53C and 67C,

as the context requires,

(e) a reference to a charge under section 53 (other than subsections (1A), (1B) or (1C)) shall be construed as a reference to—

(i) a charge under section 53C,

(ii) a contribution under section 67C, or

(iii) to both a charge under section 53C and a contribution under section 67C,

as the context requires.]

53C. F94[Charges for acute in-patient services.

53C.—F95[…]]

54. In-patient services at choice of patient, etc.

54.—F96[…]

55. F97[In-patient services for persons not entitled, or who have waived entitlement, to services under section 52.

55.—(1) (a) The Health Service Executive may, subject to any regulations made under subsection (3), make available in-patient services for persons who—

(i) do not establish entitlement to such services under section 52, or

(ii) are deemed under section 52(3) not to have full eligibility or limited eligibility for such services, or to have waived their eligibility for such services.

(b) The Health Service Executive shall make a charge in respect of anysuch in-patient services which are provided—

(i) in a hospital specified in the Fifth Schedule, or

(ii) in a hospital specified in the Sixth Schedule,

in accordance with the table of charges specified in the Fourth Schedule which relate to the hospital concerned.

(2)
(a) Where in-patient services are provided by another person on behalf of the Health Service Executive, that person shall make a charge in respect of any such services in accordance with the Fourth Schedule.

(b) A person who makes a charge in accordance with paragraph (a) shall account to the Health Service Executive for all such charges made and monies received in respect of those charges.

(3)
(a) The Minister may, for the purposes of subsection (1), make regulations prescribing the manner in which any in-patient services provided under this section are to be made available by the Health Service Executive, including the manner in which hospital beds are to be designated and the circumstances in which beds designated for persons who have full eligibility or limited eligibility may be occupied by persons who do not have such eligibility or are deemed under section 52(3) not to have such eligibility, or to have waived their eligibility for such services.

(b) Paragraph (a) is without prejudice to the operation of section 38 of the Health Act 2004.

(4)
(a) The Minister may by regulations prescribe a hospital for the purposes of the Fifth Schedule or the Sixth Schedule and, where the Minister so prescribes, the hospital concerned shall stand specified in the Fifth Schedule or the Sixth Schedule, as the case may be, in accordance with those regulations.

(b) The Minister may by regulations delete a hospital which stands specified in the Fifth Schedule or the Sixth Schedule from the Schedule concerned.

(i) prescribing a hospital pursuant to paragraph (a), or

(ii) deleting a hospital pursuant to paragraph (b),

the Minister shall have regard to the level of medical complexity of the treatments routinely provided to patients as part of in-patient services at the hospital concerned.

(d) Before making regulations under paragraph (a) or (b), the Minister shall consult with the Health Service Executive.]

56. Out-patient services.

56.—(1) For the purposes of this section “out-patient services” means institutional services other than in-patient services provided at, or by persons attached to, a hospital or home and institutional services provided at a laboratory, clinic, health centre or similar premises, but does not include—

(a) the giving of any drug, medicine or other preparation, except where it is administered to the patient direct by a person providing the service or is for psychiatric treatment, or

(b) dental, ophthalmic or aural services.

F98[(2) A health board shall, subject to any regulations relating to the services under this section made by virtue of subsection (5), make out-patient services available for persons with full eligibility and persons with limited eligibility.

(3) A health board shall make out-patient services available without charge for children in respect of diseases and disabilities of a permanent or long term nature prescribed by the Minister with the consent of the Minister for Finance.

(4) A health board shall make out-patient services available without charge for children in respect of defects noticed at a health examination held pursuant to the service provided under section 66.

(5)
(a) Regulations in relation to the services under this section may—

(i) provide for the imposition of charges for out-patient services including the giving of any drug, medicine or other preparation in specified circumstances for persons who are not persons with full eligibility and are not children specified in subsection (3) or (4), and

(ii) specify the amounts or the maximum amounts of such charges and, if the Minister thinks fit, different amounts in respect of different services or in respect of services made available in different circumstances or to different classes of persons (the circumstances and classes being designated in such manner and by reference to such matters as the Minister may determine).

(b) Regulations relating to the matters specified in paragraph (a) may contain such ancillary or subsidiary provisions as the Minister considers necessary or expedient, including provisions for the collection and disposal of charges imposed by the regulations.

(c) Regulations relating to the matters specified in paragraph (a) shall not be made without the consent of the Minister for Finance.]

F99[(d) Regulations under this section may also specify the circumstances in which a person's entitlement to out-patient services shall extend to services provided by a registered medical practitioner engaged in a consultant capacity in the provision of hospital services and may provide that, where a person's entitlement does not so extend, the health board concerned may charge for the provision of out-patient services such charges as may be approved of or directed by the Minister.]

57. Provision of ambulances, etc.

57.—(1) A health board may make arrangements for providing ambulances or other means of transport for the conveyance of patients from places in the board's functional area to places in or outside that area or from places outside the functional area to places in that area.

(2) In making arrangements under this section, a health board shall act in accordance with the directions of the Minister.

(3) When a person makes use of an ambulance or other means of transport provided under this section, the chief executive officer of the health board concerned may, at his discretion but subject to any relevant regulations under section 31 of the Health Act, 1947, direct that—

(a) a charge be made for the use in accordance with regulations made by the board, or

(b) no charge be made therefor.

Chapter III General Medical Services

58. F100[General practitioner medical and surgical service.

58.—(1) F101[Subject to subsection (4), the Health Service Executive] shall make available without charge a general practitioner medical and surgical service for a person in any of the following categories—

(a) persons with full eligibility,

(b) adult persons with limited eligibility for whom, in the opinion of the Health Service Executive, and notwithstanding that they do not come within the category mentioned in section 45(1)(a), it would be unduly burdensome to arrange general practitioner medical and surgical services for themselves and their dependants, and

(2) F102[Subject to subsection (2A), in deciding] whether or not a person comes within the category mentioned in subsection (1)(b), the Health Service Executive shall have regard to the person's overall financial situation (including the means of the spouse F103[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010], if any, of that person in addition to the person's own means) in view of the person's reasonable expenditure in relation to himself or herself and his or her dependants, if any.

F104[(2A) In having regard to a person’s overall financial situation under subsection (2), the Health Service Executive shall disregard any relevant sums (within the meaning of section 216A of the Taxes Consolidation Act 1997) arising to the person (or the person’s spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010) which qualify for relief under section 216A of the Taxes Consolidation Act 1997.]

(3) Insofar as it is considered practicable by the Health Service Executive, a choice of medical practitioner shall be offered under the general practitioner medical and surgical service made available under this section.]

F105[(4) For the purposes of this section, a person shall be deemed not to come within a category mentioned in paragraph (a) or (c) of subsection (1) for so long as that person has not attained the age of F106[eight years].]

58A. F111[General practitioner medical and surgical service for certain persons over 70 years of age.

58A. — (1) The Health Service Executive shall make available without charge a general practitioner medical and surgical service for a person who is ordinarily resident in the State, who is not a person who comes within a category mentioned in subsection (1) of section 58, and who is in one of the following categories:

(a) persons who have attained the age of 70 years;

(b) dependants of qualifying persons where the Health Service Executive has, in accordance with subsection (5)(a), confirmed that a condition specified in subsection (2) is met by the qualifying person concerned, for so long as that condition is met.

(2) A qualifying person meets a condition referred to in subsection (1)(b) where—

(a) in the case of a qualifying person who is not married, is not living together with another person as a married couple and does not have a civil partner, his or her gross income does not exceed the gross income limit specified in subsection (3)(a),

(b) in the case of a qualifying person who is married, the combined gross income of the person and his or her spouse does not exceed the gross income limit specified in subsection (3)(b),

(c) in the case of a qualifying person who is living together with another person as a married couple, the combined gross income of the person and that other person does not exceed the gross income limit specified in subsection (3)(b), or

(d) in the case of a qualifying person who has a civil partner, the combined gross income of the person and his or her civil partner does not exceed the gross income limit specified in subsection (3)(b).

(3) Subject to subsection (9)—

(a) for the purposes of subsection (2)(a), the gross income limit shall be €700 per week, not including the income from the portion of the person’s savings or similar investments whose capital value does not exceed €36,000, and

(b) for the purposes of subsection (2)(b), (c) and (d), the gross income limit shall be €1,400 per week, not including the income from the portion of the persons’ savings or similar investments whose capital value does not exceed €72,000.

(4) A qualifying person may, for the purposes of subsection (1)(b), make an application to the Health Service Executive, in such form as it considers appropriate, for confirmation that a condition specified in subsection (2) is met by him or her.

(5) The Health Service Executive shall, on receipt of an application under subsection (4), consider the application, together with any information furnished to it pursuant to a request under subsection (6), and—

(a) if it is satisfied that a condition specified in subsection (2) is met by the qualifying person concerned, provide the qualifying person with confirmation in writing that the condition is met by him or her, or

(b) if it is not so satisfied, provide the qualifying person with a notice in writing stating that the application has been refused and the reasons for such refusal.

(6) A person shall, when requested to do so by the Health Service Executive, furnish to the Health Service Executive such information as the Health Service Executive considers necessary for it to establish that the person, or his or her dependant, as the case may be, is, or continues to be, entitled under subsection (1) to the service referred to in that subsection.

(7) Where a person fails or refuses to furnish the information requested by the Health Service Executive under subsection (6) within such reasonable period as is specified in the request, the Health Service Executive may—

(a) if the information requested relates to the person’s entitlement under subsection (1)(a) to the service referred to in that subsection, treat the person concerned as if he or she was not entitled under subsection (1)(a) to the service referred to in that subsection, and

(b) if the information requested relates to the entitlement of the person’s dependant under subsection (1)(b) to the service referred to in that subsection, treat the dependant concerned as if he or she was not entitled under subsection (1)(b) to the service referred to in that subsection.

(8) The Health Service Executive shall provide any necessary assistance to any person in the making of an application under subsection (4) or the furnishing of information requested under subsection (6), as the case may be, where, by reason of any incapacity, such person requests such assistance.

(9) The Minister shall, on 1 September of every year, review the most recent information on the consumer price index made available by the Central Statistics Office and may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, by regulations to take effect on 1 January next following that review, increase or decrease the gross income limits specified in subsection (3) to reflect any increase or decrease in that index.

(10) In the calculation of the gross income of a person for the purposes of this section, all gross income from all sources shall be included other than the gross income arising from the following sources of income, and any subsequent income from the investment of the monies arising from the sources referred to in paragraphs (a) to (e):

(a) compensation awarded under the Hepatitis C Compensation Tribunal Acts 1997 to 2006;

(b) compensation awarded by the Residential Institutions Redress Board established under section 3 of the Residential Institutions Redress Act 2002;

(d) ex-gratia awards approved by the Lourdes Hospital Redress Board under the terms of the Lourdes Hospital Redress Scheme 2007;

(e) such other awards and payments prescribed in regulations made under subsection (12);

(f) relevant sums (within the meaning of section 216A of the Act of 1997) arising to the person (or the person’s spouse or civil partner) which qualify for relief under section 216A of the Act of 1997.

(11) Subject to subsection (10)(f), in the calculation of the gross income of a person for the purposes of this section, income shall not be imputed from property comprising an interest in land (whether a family home, a holiday home or any other property) other than any net rental income (calculated as gross rental income less any cost necessarily incurred and associated with the rental of the property).

(12) The Minister may make regulations prescribing a class or classes of awards or payments not coming within paragraphs (a) to (d) of subsection (10) but which the Minister considers to be made for a similar purpose as those made under those paragraphs.

(13) Insofar as it is considered practicable by the Health Service Executive, a choice of medical practitioner shall be offered under the general practitioner medical and surgical service made available under this section.

(14) In this section—

"Act of 1997" means the Taxes Consolidation Act 1997;

"civil partner" has the same meaning as it has in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

"dependants" means dependants who have not attained the age of 70 years;

"qualifying person" means a person who has attained the age of 70 years and is entitled to the service referred to in subsection (1).]

58B. F112[General practitioner medical and surgical service for persons under 6 years of age.

58B.—(1) The Health Service Executive shall make available without charge a general practitioner medical and surgical service for a person who is ordinarily resident in the State and has not attained the age of F113[eight years].

(2) The parent or guardian of a person shall, when requested to do so by the Health Service Executive, furnish to the Health Service Executive such information as the Health Service Executive considers necessary for it to establish that the person is, or continues to be, entitled under subsection (1) to the service referred to in that subsection.

(3) Where a parent or guardian fails or refuses to furnish the information requested by the Health Service Executive under subsection (2) within such reasonable period as is specified in the request, the Health Service Executive may treat the person concerned as if he or she was not entitled under subsection (1) to the service referred to in that subsection.

(4) Insofar as considered practicable by the Health Service Executive, a choice of medical practitioner shall be offered under the general practitioner medical and surgical service made available under this section.]

58C. F116[Agreement for provision of service under section 58B.

58C.—(1) The Health Service Executive may, subject to this section, enter, on such terms and conditions as it considers appropriate, into an agreement with a relevant medical practitioner for the provision by him or her of relevant services to eligible persons.

(2) Without prejudice to the generality of the power of the Health Service Executive under subsection (1), an agreement referred to in that subsection shall—

(a) specify the services referred to in subsection (1) that are to be provided by the relevant medical practitioner, and

(b) provide that the payment to be made to the relevant medical practitioner for the provision of those services shall be the payment prescribed in respect of those services by regulations under this section in force at the time the services are provided.

(3) The Minister may, with the consent of the Minister for Public Expenditure and Reform and in accordance with this section, by regulation prescribe the amount or the rate of payment to be made to relevant medical practitioners in respect of the services provided by them under agreements referred to in subsection (1).

(4) Regulations made under subsection (3) may prescribe different amounts or rates in respect of different services or in respect of the provision of services to different classes of eligible person.

(5) Prior to making regulations under subsection (3), the Minister or, at the Minister’s direction, the Health Service Executive, shall engage in such consultations as the Minister considers appropriate.

(6) Consultations under subsection (5) shall be completed no later than 60 days after the Minister gives notice of the commencement of the consultations.

(7) Regulations made under subsection (3) shall prescribe amounts or rates that the Minister considers to be fair and reasonable having regard to the matters the Minister considers appropriate, including either or both of the following:

(a) any submissions made and views expressed during the consultations under subsection (5);

(b) the nature of the services concerned and the general nature of expenses and commitments of the relevant medical practitioners providing those services.

(8)
(a) The Minister may define the manner in which consultations under subsection (5) are to be conducted and, in doing so, shall have regard to any agreement entered into between the Minister and representatives of relevant medical practitioners relating to the conduct of consultations under that subsection.

(b) The Minister or, as the case may be, the Health Service Executive shall conduct consultations under subsection (5) in the manner defined under paragraph (a) and with such representatives of relevant medical practitioners or otherwise as the Minister or, as the case may be, the Health Service Executive considers appropriate, and nothing in the Competition Act 2002 shall prevent participation by the Minister, the Health Service Executive or any such representative in such consultations, or the communication and discussion of the outcome of such consultations by the representatives with the relevant medical practitioners they represent.

(9) Without prejudice to any other provision in such an agreement relating to its termination, an agreement referred to in subsection (1) shall provide that, where an amount or rate of payment prescribed by a regulation under subsection (3) is varied by a subsequent regulation made under that subsection, the relevant medical practitioner concerned may terminate the agreement by giving the Health Service Executive 3 months’ notice of the termination.

(10) An agreement referred to in subsection (1) shall apply between its parties notwithstanding any other contract, arrangement, understanding, expectation, circular or instrument or other document that exists at the time the contract is entered into.

(11)
(a) Notwithstanding subsection (1), the Health Service Executive may, during the period that begins on the date on which this section comes into operation and ends six months after that date, enter into an agreement referred to in that subsection with a registered medical practitioner who is not a relevant medical practitioner, where that registered medical practitioner, at the time the agreement is entered into, is party to an agreement with the Health Service Executive to provide one or more services which may be provided, under the General Medical Services Scheme, to a person entitled under section 58 to have those services made available to him or her.

(b) A reference in this section (other than in paragraph (a)) to a relevant medical practitioner shall be deemed to include a reference to a registered medical practitioner who has, in accordance with paragraph (a), entered into an agreement referred to in subsection (1).

(12) In this section—

"eligible persons" means persons who are entitled under section 58B (inserted by section 5 of the Health (General Practitioner Service) Act 2014) to have relevant services made available to them;

"General Medical Services Scheme" has the meaning it has under section 1 of the Health (Provision of General Practitioner Services) Act 2012;

"registered medical practitioner" has the same meaning as it has in section 2 of the Medical Practitioners Act 2007;

"relevant medical practitioner", subject to subsection (11), means a registered medical practitioner—

(a) whose name is included in the Specialist Division of the register of medical practitioners established under section 43(2)(b) of the Medical Practitioners Act 2007, and

(b) who holds a current certificate of registration within the meaning of section 2 of that Act in respect of the medical speciality “General Practice” recognised under section 89(1) of that Act;

"relevant services" means the services that constitute the general practitioner medical and surgical service referred to in section 58B(1).]

F117[(13) Notwithstanding any other part of this section, the agreement, referred to in subsection (1) shall not:

(a) include any provision to restrict the criticism of the Health Service Executive, or the Department of Health;

(b) impose an obligation upon any general practitioner to limit criticism of the Health Service Executive, or the Department of Health;

(c) require any general practitioner to notify the Health Service Executive, or the Department of Health in advance of making a public statement;

(d) require any general practitioner to receive prior approval from the Health Service Executive, or the Department of Health, for any public statement they wish to make;

(e) require any general practitioner to dilute their natural rights to freedom of expression implicit in article 40.3.1º of Bunreacht na hÉireann and explicit in article 10.1 in the European Convention on Human Rights.]

58D. F118[General practitioner medical and surgical service for persons in receipt of carer’s allowance or carer’s benefit.

58D.—(1) The Health Service Executive shall make available without charge a general practitioner medical and surgical service for a person who is in receipt of—

(a) carer’s benefit within the meaning of Chapter 14 of Part 2 of the Act of 2005,

(b) carer’s allowance within the meaning of Chapter 8 of Part 3 of the Act of 2005, or

(2) A person shall, when requested to do so by the Health Service Executive, furnish to the Health Service Executive such information as the Health Service Executive considers necessary for it to establish that the person is, or continues to be, entitled under subsection (1) to the service referred to in that subsection.

(3) Where a person fails or refuses to furnish the information requested by the Health Service Executive under subsection (2) within such reasonable period as is specified in the request, the Health Service Executive may treat the person concerned as if he or she was not entitled under subsection (1) to the service referred to in that subsection.

(4) Insofar as considered practicable by the Health Service Executive, a choice of medical practitioner shall be offered under the general practitioner medical and surgical service made available under this section.

(5) In this section “Act of 2005” means the Social Welfare Consolidation Act 2005.]

59. Drugs, medicines and appliances.

59.—(1) F119[Subject to sections 20 and 23 of the Health (Pricing and Supply of Medical Goods) Act 2013, a] health board shall make arrangements for the supply without charge of drugs, medicines and medical and surgical appliances F120[, for the time being on the Reimbursement List within the meaning of section 2(1) of that Act,] to persons with full eligibility.

F121[(1A) Notwithstanding subsection (1) but subject to F122[subsections (1B) and (1C) and section 59A], a person with full eligibility who avails himself or herself of the service under subsection (1) shall be charged, by a community pharmacy contractor, an amount of F123[€1.50], or such other amount as may be determined by regulations made by the Minister under this section, per item supplied to that person on the prescription of F124[a registered medical practitioner, registered dentist or registered pharmacist], or on the prescription of a registered nurse (being a person whose name is entered in the register of nurses maintained under section 27 of the Nurses Act 1985) who is entitled pursuant to any enactment to prescribe the drugs, medicines or medical or surgical appliances so supplied.

(1B)
(a) F125[Subject to paragraphs (b) and (c) and subsection (3) of section 59A], the maximum aggregate amount payable in respect of items referred to in subsection (1A) supplied in a month to an adult person and his or her dependants shall be F123[€15.00] or such other amount as may be determined by regulations made by the Minister under this section.

(b) The Health Service Executive shall make arrangements for the refunding, crediting or otherwise relieving persons from the payment of amounts charged that exceed F125[the maximum aggregate amount referred to in paragraph (a) or subsection (3) of section 59A] and where, for any reason, such an excess amount is charged in respect of an adult person and his or her dependants, that excess amount shall be refunded or credited, or relief shall otherwise be granted, as the case may be, in relation to any such excess amount in accordance with such arrangements and subject to any regulations that the Minister may make under this section.

F126[(c) Where a child referred to in subsection (5B) of section 45 has full eligibility solely by reason of that subsection, the maximum aggregate amount referred to in paragraph (a) shall apply in respect of items referred to in subsection (1A) supplied in a month—

(i) to that child, or

(ii) in the case where an allowance referred to in subsection (5B) of section 45 is being paid to the same person in respect of more than one such child, to those children.]

(1C) A person who falls within any of the following classes shall not be charged an amount under subsection (1A):

(a) children who are in the care of the Health Service Executive under the Child Care Acts 1991 to 2007;

(b) persons to whom are supplied specified controlled drugs, within the meaning of the Misuse of Drugs (Supervision of Prescription and Supply of Methadone) Regulations 1998 or such other regulations as may be made by the Minister under section 5 of the Misuse of Drugs Act 1977 for the purpose of preventing the misuse of controlled drugs, in respect of those specified controlled drugs;

(1D) Notwithstanding any other enactment, contract, arrangement, understanding, expectation, circular or other document, the payment that shall be made to a community pharmacy contractor in respect of services rendered by the community pharmacy contractor to or on behalf of the Health Service Executive in respect of the drugs, medicines and medical and surgical appliances dispensed by a registered pharmacist to persons and their dependants under this section shall be reduced by an amount equal to the amounts collectable by that community pharmacy contractor under subsection (1A), irrespective of whether those amounts are actually collected.

(1E) In subsections (1A) to (1D)—

"community pharmacy contractor" means a registered pharmacist, company or other body corporate that provides services to the Health Service Executive under an agreement made in accordance with conditions specified by the Minister in 1971 or 1996, as amended from time to time, for the provision of community pharmacy services to eligible persons under subsection (1);

"dependant", in relation to a person with full eligibility, includes an adult person with full eligibility, so long as that adult person is under the age of 21 years and receiving full time education and is wholly or mainly maintained by the first-mentioned person.]

(2) When a person with limited eligibility, or a person with full eligibility who does not avail himself of the service under subsection (1), satisfies the chief effective officer of the health board that, F127[in respect of a prescribed period and to a prescribed amount], he has incurred expenditure on drugs, medicines and medical and surgical appliances F120[, for the time being on the Reimbursement List within the meaning of section 2(1) of the Health (Pricing and Supply of Medical Goods) Act 2013,] which were obtained on the prescription of a registered medical practitioner F128[, or on the prescription of a registered nurse (being a person whose name is entered in the register of nurses maintained under section 27 of the Nurses Act 1985) entitled pursuant to any enactment to prescribe the drugs, medicines or medical or surgical appliances so obtained,] and were for the treatment of that person or his dependants, the health board shall make arrangements to meet the balance of the cost, or a proportion thereof (as may be prescribed) of the person's being supplied in respect of that period with such drugs, medicines and medical and surgical appliances.

(3) A health board may make arrangements for the supply without charge of drugs, medicines or medical and surgical appliances F120[, for the time being on the Reimbursement List within the meaning of section 2(1) of the Health (Pricing and Supply of Medical Goods) Act 2013,] to persons suffering from a prescribed disease or disability of a permanent or long-term nature.

F127[(4)
(a) The Minister may make regulations—

(i) subject to paragraph (b), varying either or both of the amounts referred to in subsections (1A) and (1B)(a),

(ii) subject to paragraph (c), specifying other classes of persons who shall not be charged the amount referred to in subsection (1A) either in respect of all items supplied to persons of that class or specified categories of such items, and

(iii) where the Minister considers it necessary to do so, in relation to the refund, credit or other relief of amounts in excess of the maximum aggregate amount referred to in subsection (1B).

(b) The Minister shall make regulations under paragraph (a)(i) only where he or she is of opinion that such a variation is desirable, having regard to such of the following as he or she considers appropriate:

(i) information on the consumer price index made available by the Central Statistics Office from time to time;

(ii) recent information on the aggregate of the amounts expended, and the number of items in respect of which those amounts were expended, by the Health Service Executive in providing the service under subsection (1);

(iii) the medical needs of, and the financial burden on, persons who avail themselves of the service under subsection (1);

(iv) the necessity of controlling expenditure in relation to the provision by the State of health services.

(c) The Minister shall make regulations under paragraph (a)(ii) only where he or she is of opinion that not to charge the amount referred to in subsection (1A) to such a class is just and equitable in the circumstances, having regard to such of the following as he or she considers appropriate:

(i) the particular medical condition, disability or medical needs of persons of that class;

(ii) the number of prescription items required in respect of the condition, disability or medical needs referred to in subparagraph (i);

(iii) recent information on the aggregate of the amounts expended, and the number of items in respect of which those amounts were expended, by the Health Service Executive in providing the service under subsection (1), either generally or in respect of persons of that class;

(iv) the necessity of controlling expenditure in relation to the provision by the State of health services;

(v) whether the overall financial situation of all, or substantially all, of the persons of that class is significantly worse than that of other persons who are charged amounts under subsection (1A).

(d) Regulations under this section shall be made with the consent of the Minister for Finance.]

F120[(5) Nothing in this section shall be construed to affect the operation of section 26 of the Health (Pricing and Supply of Medical Goods) Act 2013.]

59A. F129[Prescription charges for persons who have attained age of 70 years and their dependants.

59A.—(1) This section applies to persons with full eligibility who avail of the service under subsection (1) of section 59 and who fall within any of the following classes:

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