S.I. No. 521 of 2008

HEALTH (CHARGES FOR IN-PATIENT SERVICES) (AMENDMENT) REGULATIONS, 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th December, 2008.

The Minister for Health and Children, in exercise of the powers conferred on her by sections 53 and 72 of the Health Act 1970 (as amended by the Health (Amendment) Act 2005 ), hereby makes the following regulations:

1. These Regulations may be cited as the Health (Charges for In-Patient Services) (Amendment) Regulations 2008.

2. The Health (Charges for In-Patient Services) Regulations 2005 (S.I. No. 276 of 2005) are amended by substituting for Regulation 3 the following:

“3. Where in-patient services have been provided to a person-

(a) for-

(i) a period of not less than 30 days commencing on or after the commencement of these Regulations, or

(ii) periods aggregating not less than 30 days within the previous 12 months but excluding any such periods before the commencement of these Regulations, and

(b) on premises where nursing care is provided on a 24 hour basis on those premises,

then, without prejudice to any other charge which may be imposed under any enactment or under any instrument made under any enactment, there is hereby imposed, for the further provision of any in-patient services to that person, a charge at a weekly rate of-

(c) €153.25, or

(d) the weekly income of that person less €44.70,

whichever is the lesser.”

3. The Health (Charges for In-Patient Services) Regulations 2005 (S.I. No. 276 of 2005) are amended by substituting for Regulation 4 the following:

“4. Where in-patient services have been provided to a person-

(a) for-

(i) a period of not less than 30 days commencing on or after the commencement of these Regulations, or

(ii) periods aggregating not less than 30 days within the previous 12 months but excluding any such periods before the commencement of these Regulations, and

(b) on premises where nursing care is not provided on a 24 hour basis on those premises,

then, without prejudice to any other charge which may be imposed under any enactment or under any instrument made under any enactment, there is hereby imposed, for the further provision of any in-patient services to that person, a charge at a weekly rate of-

(c) €114.95, or

(d) the weekly income of that person less €70.25, or

(e) 60% of the weekly income of that person,

whichever is the lesser.”

4. These regulations shall come into operation on 1st day of January, 2009.

GIVEN under my Official Seal,

6 December 2008

MARY HARNEY,

Minister for Health and Children.

The Minister for Finance consents to these Regulations.

GIVEN under my Official Seal,

5 December 2008

BRIAN LENIHAN,

Minister for Finance.

EXPLANATORY NOTE

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

These regulations amend the Health (Charges for In-Patient Services) Regulations 2005 to:

• set the maximum weekly charge for those receiving in-patient services where 24 hour nursing care is provided at €153.25 and to set the minimum weekly income of the person at €44.70, and

• set the maximum weekly charge for those receiving in-patient services where 24 hour nursing care is not provided at €114.95 and to set the minimum weekly income of the person at €70.25.