S.I. No. 364 of 2008

HEPATITIS C COMPENSATION TRIBUNAL (INSURANCE SCHEME FOR RELEVANT CLAIMANTS) (AMENDMENT) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th September, 2008.

I, MARY HARNEY, Minister for Health and Children, in exercise of the powers conferred on me by section 7 of the Hepatitis C Compensation Tribunal Act 1997 (No. 34 of 1997), as amended by section 3 of the Hepatitis C Compensation Tribunal (Amendment) Act 2006 (No. 22 of 2006), hereby make the following regulations:

1. These Regulations may be cited as the Hepatitis C Compensation Tribunal (Insurance Scheme for Relevant Claimants) (Amendment) Regulations 2008.

2. In these Regulations, “the Principal Regulations” means the Hepatitis C Compensation Tribunal (Insurance Scheme for Relevant Claimants) Regulations 2007 ( S.I. No. 31 of 2007 ).

3. Article 1 of the Schedule to the Principal Regulations is amended by substituting “a class of insurance” for “insurance of that class” where first occurring in subparagraph (b) of the definition of “Claimant”.

4. Article 9(1) of the Schedule to the Principal Regulations is amended by substituting the following for subparagraph (b):

“(b) 7 times the annual earned income of the Claimant or the Claimant’s Partner, or both, to a maximum of €525,000.”.

5. Article 9 of the Schedule to the Principal Regulations is amended by inserting the following after paragraph (1):

“(1A) For the purposes of paragraph (1)(b), annual earned income is-

(a) annual earned income received in the tax year immediately preceding the tax year in which the proposal concerned is submitted, except as provided by subparagraph (b), or

(b) annual earned income received in, or expected for, the tax year in which the proposal concerned is submitted if, before the proposal is confirmed under Article 6 or 7, that income is evidenced, to the satisfaction of the Scheme Administrator, by information provided by the Claimant.”.

6. Article 9(2) of the Schedule to the Principal Regulations is amended by inserting “(as index-linked under paragraph (3))” after “this maximum sum assured”.

GIVEN under my Official Seal,

11 September 2008

MARY HARNEY.

Minister for Health and Children.

EXPLANATORY NOTE

(This note is not part of the legal Instrument and does not purport to be a legal interpretation)

These Regulations are made under section 7 of the Hepatitis C Compensation Tribunal Act 1997 (No. 34 of 1997) (as amended by section 3 of the Hepatitis C Compensation Tribunal (Amendment) Act 2006 (No. 22 of 2006))

The Regulations amend Regulation 9(1) of the Hepatitis C Compensation Tribunal (Insurance Scheme for Relevant Claimants) Regulations 2007 (No. 31 of 2007) to provide clarification on the evidence to be provided in respect of the verification of annual earned income.

These Regulations may be cited as the Hepatitis C Compensation Tribunal (Insurance Scheme for Relevant Claimants) (Amendment) Regulations 2008.