(LRC Revised)

Number 17 of 2006

HEALTH (REPAYMENT SCHEME) ACT 2006

REVISED

Updated to 25 May 2018

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Health (Repayment Scheme) Act 2006

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including

Data Protection Act 2018

(7/2018), enacted 24 May 2018, and all statutory instruments up to and including

Data Protection Act 2018 (Establishment Day) Order 2018

(S.I. No. 175 of 2018), made 24 May 2018, were considered in the preparation of this

revision.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

17

of

2006

HEALTH (REPAYMENT SCHEME) ACT 2006

REVISED

Updated to 25 May 2018

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, construction, collective citation and commencement.

2. Interpretation.

3. Executive may enter into arrangement with person to provide services for purposes

of this Act, etc.

4. Power of scheme administrator to specify forms.

PART 2

Repayment Scheme

5. Application for prescribed repayment.

6. Determination of application.

7. Priority of living relevant persons over estates of relevant persons.

8. Operation of other enactments, etc. on prescribed repayments.

9. Payment of prescribed repayments and operation of patients’ private property accounts, etc.

10. Settlements.

11. Donations of prescribed repayments, etc.

12. Records.

13. Special account.

14. Governance.

15. Notification of certain decisions.

16. Appeals against certain decisions, etc.

17. Recovery of payment of prescribed repayment procured through fraud or misrepresentation,

etc.

18. Audit by Comptroller and Auditor General.

PART 3

Miscellaneous

19. Offences and penalties.

20. Regulations.

21. Power to remove difficulties.

22. Laying of Regulations.

23. Amendment of First Schedule to Ombudsman Act 1980.

Acts Referred to

Capital Acquisitions Tax Consolidation Act 2003

2003, No. 1

Central Bank and Financial Services Authority of Ireland Act 2003

2003, No. 12

Data Protection Acts 1988 and 2003

Finance Act 1993

1993, No. 13

Health (Amendment) Act 2005

2005, No. 3

Health Act 1953

1953, No. 26

Health Act 1970

1970, No. 1

Health Acts 1947 to 2006

National Archives Act 1986

1986, No. 11

Ombudsman Act 1980

1980, No. 26

Social Welfare Consolidation Act 2005

2005, No. 26

Taxes Consolidation Act 1997

1997, No. 39

Number

17

of

2006

HEALTH (REPAYMENT SCHEME) ACT 2006

REVISED

Updated to 25 May 2018

AN ACT TO PROVIDE FOR A SCHEME TO REPAY RECOVERABLE HEALTH CHARGES AND TO REGULATE

PATIENTS’ PRIVATE PROPERTY ACCOUNTS, AND TO PROVIDE FOR RELATED MATTERS.

[23

rd June

, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by

Finance (Transfer of Departmental Administration and Ministerial Functions) Order

2011

(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions

transferred by this Order are transferred to the Department of Public Expenditure

and Reform.

(2) References to the Department of Finance contained in any Act or instrument made

thereunder and relating to the administration and business transferred by paragraph

(1) shall, on and after the commencement of this Order, be construed as references

to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions

of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under

an Act and relating to any functions transferred by this Order shall, from the commencement

of this Order, be construed as references to the Minister for Public Expenditure and

Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 17 of 2006

Health (Repayment Scheme) Act 2006

Section 11(1) and (9)

...

...

...

Editorial Notes

E1

Power granted to housing authority to request information in respect of assistance,

benefit or allowance received by or on behalf of any household member under the collectively

cited

Health Acts 1947 to 2008

in the performance of its functions under the collectively cited

Housing Acts 1966 to 2009

(1.04.2011) by

Housing (Miscellaneous Provisions) Act 2009

(22/2009), s. 32(2)(a)(ii), S.I. No. 83 of 2011.

E2

Yearly value of all income derived from compensation awarded to a relevant person

under Act confirmed as being income prescribed for the purposes of

Social Welfare Consolidation Act 2005

(26/2005), sch. 3 table 2 ref. 19

• (2.07.2007) by

Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007

(S.I. No. 412 of 2007), reg. 36(d), in effect as per reg. 2.

• (29.03.2007) by

Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007

(S.I. No. 142 of 2007), reg. 155, in effect as per reg. 2.

• (1.11.2006) by

Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous

Provisions) Regulations 2006

(S.I. No. 571 of 2006), reg. 90, in effect as per reg. 2.

• (25.10.2006) by

Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995

( S.I. No. 382 of 1995), reg. 34, as substituted (25.10.2006) by

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2)

(Miscellaneous Provisions) Regulations 2006

(S.I. No. 572 of 2006), reg. 6.

• (20.09.2006) by

Social Welfare (Consolidated Payments Provisions) Regulations 1994

( S.I. No. 417 of 1994 ), reg. 90B, as substituted (20.09.2006) by

Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 11) (Compensation

Payments) Regulations 2006

(S.I. No. 497 of 2006), reg. 2(b).

E3

Functions of Health Information and Quality Authority confirmed to include setting

of standards on safety and quality in relation to services provided by the Health

Service Executive or a service provider in accordance with the collectively cited

Health Acts 1947 to 2007

(15.05.2007) by

Health Act 2007

(23/2007), s. 8(1)(b)(i)(I), S.I. No. 226 of 2007

E4

Act included in

Freedom of Information Act 1997

(13/1997), sch. 3 part 1, being the enactments excluded from the application of

Freedom of Information Act 1997

(13/1997), s. 32, (15.05.2007) by

Health Act 2007

(23/2007), s. 105 and sch. 2 part 3 item 6, S.I. No. 226 of 2007.

E5

Any sums received from compensation awarded under Act confirmed disregarded when

calculating weekly income for purposes of

Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007

(S.I. No. 142 of 2007), reg. 7(1), (29.03.2007) by

Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007

(S.I. No. 142 of 2007), reg. 8(3)(d), in effect as per reg. 2.

Annotations

Modifications (not altering text)

C1

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by

Finance (Transfer of Departmental Administration and Ministerial Functions) Order

2011

(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions

transferred by this Order are transferred to the Department of Public Expenditure

and Reform.

(2) References to the Department of Finance contained in any Act or instrument made

thereunder and relating to the administration and business transferred by paragraph

(1) shall, on and after the commencement of this Order, be construed as references

to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions

of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under

an Act and relating to any functions transferred by this Order shall, from the commencement

of this Order, be construed as references to the Minister for Public Expenditure and

Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 17 of 2006

Health (Repayment Scheme) Act 2006

Section 11(1) and (9)

...

...

...

Editorial Notes

E1

Power granted to housing authority to request information in respect of assistance,

benefit or allowance received by or on behalf of any household member under the collectively

cited

Health Acts 1947 to 2008

in the performance of its functions under the collectively cited

Housing Acts 1966 to 2009

(1.04.2011) by

Housing (Miscellaneous Provisions) Act 2009

(22/2009), s. 32(2)(a)(ii), S.I. No. 83 of 2011.

E2

Yearly value of all income derived from compensation awarded to a relevant person

under Act confirmed as being income prescribed for the purposes of

Social Welfare Consolidation Act 2005

(26/2005), sch. 3 table 2 ref. 19

• (2.07.2007) by

Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007

(S.I. No. 412 of 2007), reg. 36(d), in effect as per reg. 2.

• (29.03.2007) by

Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007

(S.I. No. 142 of 2007), reg. 155, in effect as per reg. 2.

• (1.11.2006) by

Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous

Provisions) Regulations 2006

(S.I. No. 571 of 2006), reg. 90, in effect as per reg. 2.

• (25.10.2006) by

Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995

( S.I. No. 382 of 1995), reg. 34, as substituted (25.10.2006) by

Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 2)

(Miscellaneous Provisions) Regulations 2006

(S.I. No. 572 of 2006), reg. 6.

• (20.09.2006) by

Social Welfare (Consolidated Payments Provisions) Regulations 1994

( S.I. No. 417 of 1994 ), reg. 90B, as substituted (20.09.2006) by

Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 11) (Compensation

Payments) Regulations 2006

(S.I. No. 497 of 2006), reg. 2(b).

E3

Functions of Health Information and Quality Authority confirmed to include setting

of standards on safety and quality in relation to services provided by the Health

Service Executive or a service provider in accordance with the collectively cited

Health Acts 1947 to 2007

(15.05.2007) by

Health Act 2007

(23/2007), s. 8(1)(b)(i)(I), S.I. No. 226 of 2007

E4

Act included in

Freedom of Information Act 1997

(13/1997), sch. 3 part 1, being the enactments excluded from the application of

Freedom of Information Act 1997

(13/1997), s. 32, (15.05.2007) by

Health Act 2007

(23/2007), s. 105 and sch. 2 part 3 item 6, S.I. No. 226 of 2007.

E5

Any sums received from compensation awarded under Act confirmed disregarded when

calculating weekly income for purposes of

Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007

(S.I. No. 142 of 2007), reg. 7(1), (29.03.2007) by

Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007

(S.I. No. 142 of 2007), reg. 8(3)(d), in effect as per reg. 2.

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, construction, collective citation and commencement.

2. Interpretation.

3. Executive may enter into arrangement with person to provide services for purposes

of this Act, etc.

4. Power of scheme administrator to specify forms.

PART 2

Repayment Scheme

5. Application for prescribed repayment.

6. Determination of application.

7. Priority of living relevant persons over estates of relevant persons.

8. Operation of other enactments, etc. on prescribed repayments.

9. Payment of prescribed repayments and operation of patients’ private property accounts, etc.

10. Settlements.

11. Donations of prescribed repayments, etc.

12. Records.

13. Special account.

14. Governance.

15. Notification of certain decisions.

16. Appeals against certain decisions, etc.

17. Recovery of payment of prescribed repayment procured through fraud or misrepresentation,

etc.

18. Audit by Comptroller and Auditor General.

PART 3

Miscellaneous

19. Offences and penalties.

20. Regulations.

21. Power to remove difficulties.

22. Laying of Regulations.

23. Amendment of First Schedule to Ombudsman Act 1980.