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Number 20 of 2023
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MOTHER AND BABY INSTITUTIONS PAYMENT SCHEME ACT 2023
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CONTENTS
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PART 1
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Preliminary and General
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Section
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1. Short title and commencement
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2. Interpretation
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3. Expenses
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4. Laying of regulations
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PART 2
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Mother and Baby Institutions Payment Scheme
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5. Establishment of Scheme
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6. Duration of Scheme
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7. Office of Chief Deciding Officer
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8. Chief Deciding Officer
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9. Functions of Chief Deciding Officer
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10. Deputy Chief Deciding Officer
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11. Agreements relating to performance of certain functions of Chief Deciding Officer
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12. Annual report
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13. Dissolution day
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14. Transfer of functions to relevant Minister
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15. Liability for loss occurring before dissolution day
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16. Provisions consequent upon transfer of functions
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17. Deposit with Minister of records in possession of Chief Deciding Officer
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PART 3
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Application for Payment or Provision of Services under Scheme
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18. Eligibility of relevant person for certain payments and provision of services
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19. Application for payment or provision of services under Scheme
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20. Further application where relevant institution added to Schedule 1
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21. Examination of application: general
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22. Chief Deciding Officer may request information from information source
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23. Chief Deciding Officer may request information by affidavit
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24. Calculation of period of residence in relevant institution
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25. Determination of application
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26. Notification to applicant of determination
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27. Review of determination
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28. Appeals officer
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29. Appeals
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30. Appeal to High Court
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31. Offer of general payment or work-related payment
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32. Acceptance of offer of general payment or work-related payment
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33. Statute of Limitations
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34. Offer of provision without charge of health services
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35. Offer of health support payment
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36. Application under section 19 may be made on behalf of relevant person
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37. Application on behalf of deceased relevant person
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38. Application process to continue where applicant dies
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39. Provision supplementary to sections 36, 37 and 38
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40. Withdrawal or deemed withdrawal of application, review or appeal
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PART 4
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Miscellaneous
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41. Amendment of Taxes Consolidation Act 1997
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42. Amendment of Capital Acquisitions Tax Consolidation Act 2003
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43. Legal costs and expenses
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44. Regulations
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45. Guidelines
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46. Amendment of Part 3 of Schedule 1 to Nursing Homes Support Scheme Act 2009
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47. Prohibition on disclosure of information
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48. Review of operation of Scheme
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49. Amendment of Schedule 1 by Minister
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50. Service of documents
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51. Minister may prescribe person to be information source
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52. Processing of personal data and special categories of personal data
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53. Use of database and records of Commission of Investigation into Mother and Baby Homes
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54. Use of certain archives
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55. Penalties
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SCHEDULE 1
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PART 1
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PART 2
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SCHEDULE 2
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SCHEDULE 3
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Acts Referred to
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Capital Acquisitions Tax Consolidation Act 2003
(No. 1)
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Child Care Act 1991
(No. 17)
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Children Act 1908 (8 Edw. 7, c. 67)
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Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Records, and Another Matter, Act 2020
(No. 20)
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Commissions of Investigation Act 2004
(No. 23)
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Companies Act 2014
(No. 38)
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Data Protection Act 2018
(No. 7)
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Health (Pricing and Supply of Medical Goods) Act 2013
(No. 14)
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Health Act 1970
(No. 1)
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Interpretation Act 2005
(No. 23)
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Local Government Act 2001
(No. 37)
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Medical Practitioners Act 2007
(No. 25)
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National Archives Act 1986
(No. 11)
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Nurses and Midwives Act 2011
(No. 41)
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Nursing Homes Support Scheme Act 2009
(No. 15)
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Redress for Women Resident in Certain Institutions Act 2015
(No. 8)
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Succession Act 1965
(No. 27)
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Taxes Consolidation Act 1997
(No. 39)
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Number 20 of 2023
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MOTHER AND BABY INSTITUTIONS PAYMENT SCHEME ACT 2023
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An Act to provide, in recognition of the circumstances experienced by certain persons while resident in certain institutions in the State, for the establishment of a scheme to be known as the Mother and Baby Institutions Payment Scheme for the purpose of the making of payments and the making available without charge of health services to such persons; to provide for the making by such persons of applications for such payments and services; and to provide for related matters.
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[11th July, 2023]
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Be it enacted by the Oireachtas as follows:
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