S.I. No. 109/1979:

HEALTH SERVICES REGULATIONS, 1979.

HEALTH SERVICES REGULATIONS, 1979.

The Minister for Health, in exercise of the powers conferred on him by section 5 of the Health Act, 1947 (No. 28 of 1947) and by section 72 of the Health Act, 1970 (No. 1 of 1970 ) hereby makes the following Regulations:--

1. These Regulations may be cited as the Health Services Regulations, 1979.

2. In these Regulations--

"the Act" means the Health Act, 1970 ;

"excepted farmer" means an individual who, for the year of assessment corresponding to the contribution year, would be "an individual to whom section 16 applies" within the meaning of Chapter II of Part I of the Finance Act, 1974 (No. 27 of 1974), if paragraphs (b) and (d) of section 16 (1), and section 16 (2), of that Act did not apply;

"farm land occupied by the individual" means farmland occupied within the meaning of section 13 (1) of the Finance Act, 1974 by the individual;

"contribution year" means a year of assessment within the meaning of the Income Tax Acts.

3. (1) For the classes of persons to whom this article applies--

( a ) the services provided under section 52 (1) and section 56 (2) of the Act shall not extend to services provided by a registered medical practitioner engaged in a consultant capacity in the provision of hospital services,

( b ) the services provided under section 62 and section 63 of the Act shall not extend to services provided by a registered medical practitioner engaged in a consultant capacity in the provision of hospital services or by a registered medical practitioner who has entered into an agreement with a health board for the provision of services under section 62 or section 63 of the Act.

(2) Subject to the provisions of article 4 of these Regulations, this article applies to the following classes of persons--

( a ) adult persons whose incomes are £5,500 or more

( b ) children of persons referred to in paragraph (a)

( c ) spouses of persons referred to in paragraph (a) who have no income.

(3) Subject to sub-article (4) of this article "income" means, in relation to an individual, the aggregate of the individual's income (other than non-pecuniary income) from all sources for the contribution year immediately preceding the contribution year in which a claim for services is made, as estimated in accordance with the provisions of the Income Tax Acts but without regard to section 192 of the Income Tax Act, 1967 (No. 6 of 1967) after deducting from the income so much of any deduction allowed by virtue of section 222 or section 233 of the Income Tax Act, 1967 or Chapter II of Part I of the Finance Act, 1972 (No. 19 of 1972), as is to be deducted from or set off against that income in charging it to income tax.

(4) For the purposes of this article, in the case of an individual other than an excepted farmer, income in so far as consisting of the profits or gains from farming means an amount determined by multiplying the rateable valuation of the farmland occupied by the individual during the contribution year by 92.

4. Article 3 shall not apply to a person or to the dependants of a person who is considered by the chief executive officer of the appropriate health board to be unable, without undue hardship, to provide the services of a registered medical practitioner as specified at (a) or (b) of sub-article (1) of article 3 for himself or his dependants.

5. Sub-articles (1) and (2) of article 6 of the Health Services Regulations, 1971 ( S.I. No. 105 of 1971 ), article 5 of the Health Services (Amendment) Regulations, 1971 ( S.I. No. 277 of 1971 ), the Health Services Regulations, 1974 ( S.I. No. 90 of 1974 ) and the Health Services (Amendment) Regulations, 1976 ( S.I. No. 142 of 1976 ) are hereby revoked.

6. These Regulations shall come into operation on the 6th day of April, 1979.

GIVEN under the Official Seal of the Minister for Health this 4th day of April, 1979.

CHARLES J. HAUGHEY,

Minister for Health.

EXPLANATORY NOTE.

These Regulations limit the extent to which services provided under Sections 52 (1), 56 (2), 62 and 63 of the Health Act, 1970 will be available to persons with an income of £5,500 or more.