S.I. No. 276/1971:

HEALTH SERVICES (LIMITED ELIGIBILITY) REGULATIONS, 1971.

HEALTH SERVICES (LIMITED ELIGIBILITY) REGULATIONS, 1971.

The Minister for Health, in exercise of the powers conferred on him by section 46 of the Health Act, 1970 (No. 1 of 1970), with the consent of the Minister for Finance, hereby makes the following Regulations, as respects which, pursuant to the said section, a draft has been approved by a resolution passed by each House of the Oireachtas: --

1. These Regulations may be cited as the Health Services (Limited Eligibility) Regulations, 1971.

2. The provisions set out in the Schedule to these Regulations are hereby substituted for subsections (1) and (2) of section 46 of the Health Act, 1970 .

3. Section 46 (2) of the Health Act, 1970 shall cease to have effect on the commencement of these Regulations.

SCHEDULE.

Provisions substituted for subsections (1) and (2) of Section 46 of the Health Act, 1970.

(1) A person in any of the following categories who is without full eligibility shall have limited eligibility for the services under Part IV of the Health Act, 1970 --

(a) persons insured under the Social Welfare Act, 1952 ,

(b) adult persons whose yearly incomes are less than £1,600,

(c) adult persons whose yearly means are, in the opinion of the chief executive officer of the appropriate health board, derived wholly or mainly from farming, if the rateable valuation of the farm or farms concerned (including the buildings thereon) is not more than £60.

(d) dependants of persons referred to in paragraphs (a), (b) and (c) of this subsection.

(2) (a) Yearly means or income for the purposes of subsection (1) shall include in relation to any person, the yearly means or income of a spouse of that person where the spouse is resident with that person.

(b) "Income" for the purposes of subsection (1) (b) shall mean the income of the preceding year ended on the 5th April and shall include all income which the person may have received for that year from all sources.

(c) In determining the amount of income for the purposes of subsection (1) (b)--

(i) regard shall be had to the amount of any income which would be chargeable to income tax under Schedule D or Schedule E as it would be determined for the purposes of an appropriate income tax assessment based on the income of the year.

(ii) the amount of any income from which Irish income tax would be deducted at source shall be based on the gross amount of the income receivable during the year.

(iii) the income from an employment shall be taken as the excess of the total emoluments for the year over expenses properly deductible for the purposes of Schedule E.

(iv) in the case of a trade, profession or vocation a reasonable amount may be deducted for annual depreciation of plant and machinery used for the purposes of the trade, profession or vocation during the year.

GIVEN under the Official Seal of the Minister for Health this

27th day of September, 1971.

ERSKINE CHILDERS,

Minister for Health.

The Minister for Finance consents to these Regulations.

DATED this 27th day of September, 1971.

SEOIRSE Ó COLLA,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations extend the income limit for limited eligibility for health services from £1,200 per annum to £1,600 per annum and substitute a definition of income or yearly means in accordance with income tax rules for the definition in Section 46 (2) of the Health Act, 1970 .