Health Act, 1953

Institutional and specialist services.

15.—(1) A health authority shall, in accordance with regulations, make available institutional and specialist services for the persons specified in subsection (2) of this section.

(2) The persons referred to in subsection (1) of this section are the following persons and their dependants:

(a) persons insured under the Social Welfare Act, 1952 (No. 11 of 1952),

(b) adult persons whose yearly means are less than six hundred pounds,

(c) adult persons whose yearly means are, in the opinion of the health authority, derived wholly or mainly from farming, the rateable valuation of the farm or farms (including the buildings thereon) being fifty pounds or less,

(d) persons not specified in the foregoing paragraphs who, in the opinion of the health authority, would be unable, without undue hardship, to provide institutional and specialist services for themselves or their dependants.

(3) Institutional services under subsection (1) of this section shall be made available without charge for the persons specified in subsection (2) of section 14 of this Act and to such other persons specified in subsection (2) of this section as may be determined by the health authority.

(4) Where institutional services are made available under subsection (1) of this section, in cases not governed by subsection (3) of this section, there shall be charged such charges, not exceeding six shillings for each day during which institutional services are availed of, as may be determined by the health authority, save in such cases (being cases of persons specified in paragraph (d) of subsection (2) of this section or dependants of such persons) as may be specified by regulations made by the Minister with the consent of the Minister for Finance and, in those cases, there shall be charged the charges approved of or directed by the Minister towards the cost of the services.

(5) Specialist services under subsection (1) of this section shall be made available without charge.

(6) In paragraph (b) and paragraph (c) of subsection (2) of this section, the reference to yearly means includes, in addition to the yearly means of the person in question—

(a) the yearly means of the spouse (if any) of such person, where the spouse is resident with such person, and

(b) the yearly means of any unmarried son or daughter of

(i) such person, or

(ii) the spouse (if any) of such person, or

(iii) any deceased spouse of such person,

where the son or daughter is normally resident with such person.

(7) A health authority shall, in accordance with regulations, make available, without charge, institutional and specialist services for pupils of national schools in respect of defects discovered at school health examinations.

(8) Yearly means shall be calculated for the purposes of this section in accordance with Rule 1 of the Rules contained in the Seventh Schedule to the Social Welfare Act, 1952 .

(9) Where a decision taken in pursuance of paragraph (b) of subsection (2) of this section is a decision that the yearly means of the adult person are not less than six hundred pounds, an appeal shall lie from the decision to a person appointed by the Minister, and regulations may make provision with respect to the making and determination of appeals under this subsection.

(10) For the purposes of this section, specialist services shall not include ophthalmic or aural services and services provided otherwise than in a hospital, convalescent home or home for persons suffering from physical or mental disability shall not be institutional services.