Health (Amendment) Act 2017

What is this act about?

This law amends the Health Act 1970 to change eligibility for certain health services and to adjust prescription charges for specific groups of people.

Who it applies to: Children who receive an allowance under Chapter 8A of Part 3 of the Social Welfare Consolidation Act 2005; Persons who have attained the age of 70 years and their dependants.

Deadlines:

Persons who have attained the age of 70 years and their dependants.

At a glance

Country: Ireland
Area of law: Health and pharmaceutical law
Articles: 5
Source: irishstatutebook.ie
Text retrieved: 2026-06-17
Explanation updated: 2026-07-07

What does this act regulate?

Eligibility for services under Part IV of the Health Act 1970.
Amounts chargeable for prescription items under section 59 of the Health Act 1970.
The definition of "Act of 1970" within this amendment.
The ability for the Minister to vary prescription charge amounts.

Who does this act apply to?

Children who receive an allowance under Chapter 8A of Part 3 of the Social Welfare Consolidation Act 2005.
Persons who have attained the age of 70 years and their dependants.

What are the key points?

Children receiving a specific social welfare allowance now have full eligibility for services under Part IV of the Health Act 1970.
For persons aged 70 and their dependants, the charge per prescription item is €2.00.
The maximum aggregate monthly charge for prescription items for a person aged 70 and their dependants is €20.00.
The Minister for Health can change these charge amounts with the consent of the Minister for Public Expenditure and Reform, considering factors like the consumer price index, expenditure, medical needs, financial burden, and control of health service costs.

Health and pharmaceutical law

Mental Treatment Act, 1953

Children's Health Act 2018

Local Authorities (Miscellaneous Provisions) Act, 1936

Mental Health Act 20266

Health (Miscellaneous Provisions) Act 2022

Agricultural Produce (Meat) (Miscellaneous Provisions) Act, 1954

Chemicals (Amendment) Act 2010

Health Act 2004

Health and pharmaceutical law

Legal text

Contents (5)

Section 1
Section 2
Section 3
Section 4
Section 5

Health (Amendment) Act 2017 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2017 Health (Amendment) Act 2017 Health (Amendment) Act 2017 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 5 of 2017 HEALTH (AMENDMENT) ACT 2017 CONTENTS Section

Section 1

1.Definition

Section 2

2.Amendment of section 45 of Act of 1970

Section 3

3.Amendment of section 59 of Act of 1970

Section 4

4.Prescription charges for persons who have attained age of 70 years and their dependants

Section 5

5.Short title and commencement Acts Referred to Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24) Health (Pricing and Supply of Medical Goods) Act 2013 (No. 14) Health Act 1970 (No. 1) Social Welfare Consolidation Act 2005 (No. 26) Number 5 of 2017 HEALTH (AMENDMENT) ACT 2017 An Act to make provision in relation to eligibility for services under Part IV of the Health Act 1970 ; to make provision for the amounts chargeable in respect of the supply of items on prescription under section 59 of that Act to certain persons; and, for those purposes, to amend the Health Act 1970 ; and to provide for related matters. [31st March, 2017] Be it enacted by the Oireachtas as follows:

Definition 1. In this Act “Act of 1970” means the Health Act 1970 .

Amendment of section 45 of Act of 1970 2. Section 45 (amended by section 170 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ) of the Act of 1970 is amended by the insertion of the following subsection after subsection (5A): “(5B) A person who is a child within the meaning of section 186C of the Social Welfare Consolidation Act 2005 and in respect of whom an allowance is being paid under Chapter 8A of Part 3 of that Act shall have full eligibility for the services under this Part and, notwithstanding subsection (6), references in this Part to persons with full eligibility shall be construed as including references to such persons.”.

Amendment of section 59 of Act of 1970 3. Section 59 (amended by section 30 of the Health (Pricing and Supply of Medical Goods) Act 2013 ) of the Act of 1970 is amended— (a) by the substitution, in subsection (1A), of “subsections (1B) and (1C) and section 59A” for “subsections (1B) and (1C)”, and (b) in subsection (1B)— (i) by the substitution, in paragraph (a), of “Subject to paragraphs (b) and (c) and subsection (3) of section 59A” for “Subject to paragraph (b)”, (ii) by the substitution, in paragraph (b), of “the maximum aggregate amount referred to in paragraph (a) or subsection (3) of section 59A” for “the maximum aggregate amount referred to in paragraph (a)”, and (iii) by the insertion of the following paragraph after paragraph (b): “(c) Where a child referred to in subsection (5B) of section 45 has full eligibility solely by reason of that subsection, the maximum aggregate amount referred to in paragraph (a) shall apply in respect of items referred to in subsection (1A) supplied in a month— (i) to that child, or (ii) in the case where an allowance referred to in subsection (5B) of section 45 is being paid to the same person in respect of more than one such child, to those children.”.

Prescription charges for persons who have attained age of 70 years and their dependants 4. The Act of 1970 is amended by the insertion of the following section after section 59: “59A. (1) This section applies to persons with full eligibility who avail of the service under subsection (1) of section 59 and who fall within any of the following classes: (a) persons who have attained the age of 70 years; (b) dependants of the persons referred to in paragraph (a).

(2)Subject to subsection (3), the amount of charge under subsection (1A) of section 59 per item supplied to a person to whom this section applies shall be €2.00 or such other amount as may be determined by regulations made by the Minister under this section.

(3)Subject to subsection (1B)(b) of section 59, the maximum aggregate amount payable in respect of items referred to in subsection (1A) of that section supplied in a month to a person who has attained the age of 70 years and his or her dependants shall be €20.00 or such other amount as may be determined by regulations made by the Minister under this section.

(4)The Minister may, with the consent of the Minister for Public Expenditure and Reform, make regulations varying either or both of the amounts referred to in subsections (2) and (3), where he or she is of the opinion that such a variation is desirable, having regard to such of the following as he or she considers appropriate: (a) information on the consumer price index made available by the Central Statistics Office from time to time; (b) recent information on the aggregate of the amounts expended, and the number of items in respect of which those amounts were expended, by the Health Service Executive in providing the service under subsection (1) of section 59 either generally or to persons to whom this section applies; (c) the medical needs of, and the financial burden on, persons to whom this section applies; (d) the necessity of controlling expenditure in relation to the provision by the State of health services; (e) either or both of the amounts for the time being referred to in subsections (1A) and (1B)(a) of section 59.”.

Short title and commencement 5. (1) This Act may be cited as the Health (Amendment) Act 2017.

(2)This Act shall come into operation on such day or days as the Minister for Health may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.

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