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Maintenance of person suffering from infectious disease, etc.
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44.—(1) This section applies to a person who:—
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(a) is suffering from an infectious disease, and
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(b) is undergoing treatment therefor to the satisfaction of the chief medical officer of the health authority in whose functional area such person ordinarily resides, and
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(c) is thereby prevented from making reasonable and proper provision for his own maintenance or the maintenance of his dependants.
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(2) This section also applies to a person:—
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(a) who is a probable source of infection with an infectious disease but is not thereby rendered incapable of carrying on his ordinary occupation, and
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(b) who, in pursuance of the written order of a chief medical officer, is compelled to take or, in pursuance of the written advice of a chief medical officer, takes a precaution, in relation to such infectious disease, required by any provision of this Part of this Act or any regulations made thereunder, and
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(c) who, as a result of taking such precaution, is unable to make reasonable and proper provisions for his own maintenance or the maintenance of his dependants.
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(3) The health authority in whose functional area a person to whom this section applies ordinarily resides shall on application being made to them make provision in respect of the maintenance of that person and his dependants by doing either or both of the following things:—
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(a) making a payment to or in respect of that person or his dependants,
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(b) defraying the cost, either wholly or partly, of the employment of another person to act as a substitute for him during his absence or while he is undergoing such treatment as is mentioned in subsection (1) of this section or taking such precaution as is mentioned in subsection (2) of this section (as the case may be).
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(4) If any question arises whether a particular person is a person to whom this section applies or as to the amount of the provision to be made or as to the health authority to make the provision under subsection (3) of this section, the question shall be referred to the Minister whose decision shall be final.
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(5) The Minister may, if he thinks fit, make regulations prescribing the rates of payments or the maximum or minimum rates of payments to be made under this section either generally or in respect of any class of persons and a health authority to whom any such regulations relate shall comply therewith in making any payment under this section.
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(6) Nothing in this section shall require a health authority to provide for the maintenance of any person, who with a view to obtaining provision under subsection (3) of this section has wilfully exposed himself to infection or for the maintenance of the dependants of such person.
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(7) An amount not exceeding one-half of the expenses certified by the Minister to have been properly incurred by a health authority under this section shall be paid to the health authority out of moneys provided by the Oireachtas.
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(8) Every person who in connection with an application for provision for maintenance under this section makes any statement which is to his knowledge false or misleading in any material respect shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.
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