Health (Alteration of Criteria for Eligibility) (No. 2) Act 2013
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Amendment of section 45A of Health Act 1970 | ||
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1. Section 45A of the Health Act 1970 is amended— | ||
(a) by the substitution of the following for subsection (1A): | ||
“(1A) Where— | ||
(a) a person— | ||
(i) was married to another person until that other person’s death, | ||
(ii) was living with another person as husband and wife until that other person’s death, or | ||
(iii) was a civil partner as respects another person until that other person’s death, | ||
(b) the death of the other person occurred on or after 1 January 2009, and | ||
(c) the surviving person had attained the age of 70 years at the time of the death of that other person, | ||
the gross income limit applicable to the surviving person in the 3 years following the death of that other person shall— | ||
(i) as respects the period commencing on 1 January 2009 and ending on 4 April 2013 be the amount specified in subsection (3)(a)(ii), | ||
(ii) as respects the period commencing on 5 April 2013 and ending on 31 December 2013 be the amount specified in subsection (3)(b)(ii), and | ||
(iii) with effect from 1 January 2014 be the amount specified in subsection 3(c)(ii), | ||
but such gross income limit shall apply only as respects such part of the 3 year period as the surviving person is not married, is not living together with another person as husband and wife, or does not have a civil partner.”, | ||
and | ||
(b) by the substitution of the following for subsection (3): | ||
“(3) The gross income limits for the purposes of this section and section 45(5A) are the following: | ||
(a) in respect of the period commencing on 1 January 2009 and ending on 4 April 2013— | ||
(i) if a person— | ||
(I) is not married, | ||
(II) is not living together with another person as husband and wife, and | ||
(III) does not have a civil partner, | ||
his or her gross income limit is €700 per week, not including the income from the portion of the person’s savings or similar investments whose capital value does not exceed €36,000, and | ||
(ii) if persons— | ||
(I) are married, | ||
(II) live together as husband and wife, or | ||
(III) are civil partners as respects each other, | ||
their combined gross income limit is €1,400 per week, not including the income from the portion of their savings or similar investments whose capital value does not exceed €72,000, | ||
(b) in respect of the period commencing on 5 April 2013 and ending on 31 December 2013— | ||
(i) if a person— | ||
(I) is not married, | ||
(II) is not living together with another person as husband and wife, and | ||
(III) does not have a civil partner, | ||
his or her gross income limit is €600 per week, not including the income from the portion of the person’s savings or similar investments whose capital value does not exceed €36,000, and | ||
(ii) if persons— | ||
(I) are married, | ||
(II) live together as husband and wife, or | ||
(III) are civil partners as respects each other, | ||
their combined gross income limit is €1,200 per week, not including the income from the portion of their savings or similar investments whose capital value does not exceed €72,000, | ||
and | ||
(c) with effect from 1 January 2014— | ||
(i) if a person— | ||
(I) is not married, | ||
(II) is not living together with another person as husband and wife, and | ||
(III) does not have a civil partner, | ||
his or her gross income limit is €500 per week, not including the income from the portion of the person’s savings or similar investments whose capital value does not exceed €36,000, and | ||
(ii) if persons— | ||
(I) are married, | ||
(II) live together as husband and wife, or | ||
(III) are civil partners as respects each other, | ||
their combined gross income limit is €900 per week, not including the income from the portion of their savings or similar investments whose capital value does not exceed €72,000.”. |