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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 27 October 2009 - onwards
Version 2 of 2

34. Amendment of Health Act 1970.

(1) Section 52 of the Health Act 1970 is amended by inserting the following after subsection (1):

"(1A) The Health Service Executive may make available long-term residential care services within the meaning of the Nursing Homes Support Scheme Act 2009.".

(2) Section 53 (as amended by section 4 of the Health (Amendment) Act 2005) of the Health Act 1970 is amended -

(a) by substituting the following for subsection (1):

"(1) Subject to subsection (1A), charges shall not be made for in-patient services made available under section 52 except as provided for in subsection (2).",

(b) by inserting the following after subsection (1):

"(1A) Charges shall be made for long-term residential care services in accordance with the Nursing Homes Support Scheme Act 2009.

(1B) A reference in subsection (1A) to long-term residential care services shall be construed as a reference to long-term residential care services within the meaning of the Nursing Homes Support Scheme Act 2009 as respects such services provided to a person who first begins to receive those services after the coming into operation of section 6(2)(c) of the Nursing Homes Support Scheme Act 2009.

(1C) A person in respect of whom charges are being made under subsection (2) shall not be required to pay charges under subsection (1A).".