Hepatitis C Compensation Tribunal (Amendment) Act 2006
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Amendment of section 7 of Hepatitis C Compensation Tribunal Act 1997 (regulations to give effect to Act). |
3.— Section 7 of the Hepatitis C Compensation Tribunal Act 1997 is amended— | |
(a) in subsection (1)— | ||
(i) in paragraph (c), by substituting “Tribunal,” for “Tribunal.”, and | ||
(ii) by inserting the following after paragraph (c): | ||
“(d) the establishment, operation, administration and supervision of an insurance scheme for the purpose of providing a class of insurance for a claimant— | ||
(i) falling within— | ||
(I) section 4(1)(a), (b), (c), (f) or (g), | ||
(II) the definition of ‘diagnosed relative’ in regulation 2 of the Hepatitis C Compensation Tribunal Act 1997 (Extension of Classes of Claimants before Tribunal) Regulations 1998 (No. 432 of 1998), or | ||
(III) a class of persons specified in regulations made under section 9 on or after the commencement of this paragraph if and only if the regulations specify that this paragraph shall apply to that class, | ||
and | ||
(ii) who is refused insurance of that class (or in respect of whom the scheme administrator reasonably believes would, if the claimant were to make an application therefor, be refused insurance of that class)— | ||
(I) by an insurer belonging to a class of insurers specified in the regulations, and | ||
(II) either— | ||
(A) on the ground, or on one of the grounds, that the claimant has been diagnosed positive for Hepatitis C or HIV, or | ||
(B) unless the claimant pays a premium that is higher than the premium that would generally be paid for insurance of that class by a person of the same age and gender who has not been diagnosed positive for Hepatitis C or HIV, as the case may be, | ||
(e) specifying a test for the purposes of subsection (1A)(c) of section 1.”, | ||
and | ||
(b) by inserting the following after subsection (1): | ||
“(1A) The regulations that the Minister may make under this section in respect of the relevant insurance scheme include regulations— | ||
(a) to specify the functions of the scheme administrator, | ||
(b) subject to paragraphs (c) to (o) and subsection (3), to specify the conditions subject to which a benefit under the scheme will be provided, or not provided, or cease to be provided, to a relevant claimant based on— | ||
(i) the time when the claimant makes an application to the scheme administrator for the benefit, and | ||
(ii) the claimant’s age at the time of making the application, | ||
(c) to provide, as a benefit under the scheme for a relevant claimant, life assurance to a maximum sum assured of— | ||
(i) subject to subparagraph (ii), the greater amount of— | ||
(I) subject to paragraph (d), €420,000, or | ||
(II) 7 times the annual earned income of— | ||
(A) the claimant, | ||
(B) a person married to the claimant, | ||
(C) a person who has been cohabiting with the claimant for a continuous period of not less than 3 years immediately before the claimant makes an application to the scheme administrator for the benefit, or | ||
(D) the claimant and a person referred to in subclause (B) or (C), | ||
(ii) subject to paragraph (d), €525,000 in any case where the greater amount referred to in subparagraph (i) exceeds €525,000, | ||
(d) to index-link the amounts referred to in paragraph (c)(i)(I) and (ii) to the Consumer Price Index compiled by the Central Statistics Office (or to the successor to that index), | ||
(e) subject to paragraph (f), to provide, as a benefit under the scheme for a relevant claimant, mortgage protection insurance in respect of the claimant’s purchase of a principal residence, or mortgage protection insurance in respect of the renovation, refurbishment, extension or improvement of the claimant’s principal residence, or any combination thereof, to a maximum sum assured of the greater amount of— | ||
(i) €394,000, or | ||
(ii) a sum equivalent to the average house price in the county borough of Dublin— | ||
(I) on the relevant date in the case of the year 2006, | ||
(II) on the most recent anniversary of the relevant date in the case of any subsequent year, | ||
as determined by the Permanent TSB/Economic and Social Research Institute (Dublin) House Price Index (or by the successor to that index) increased by 25 per cent, | ||
(f) to index-link the amount referred to in paragraph (e)(i) to the Permanent TSB/Economic and Social Research Institute (Dublin) House Price Index (or to the successor to that index), | ||
(g) subject to paragraph (h), to provide, as a benefit under the scheme for a relevant claimant, for the release, through the remortgaging of any property of the claimant, to a maximum sum assured of €100,000 of the claimant’s equity in the property, | ||
(h) to specify that the scheme administrator shall refuse an application for a benefit referred to in paragraph (g) made on or after the 1st anniversary of the relevant date, | ||
(i) to provide, not later than 6 months after the day appointed under subsection (11) as the establishment day for the scheme, annual travel insurance as a benefit under the scheme for a relevant claimant, | ||
(j) subject to paragraph (m), to specify that a relevant claimant, in any case where subsection (1)(d)(ii)(II)(A) applies to the claimant, must make an application to the scheme administrator for any benefit under the scheme (except a benefit referred to in paragraph (i))— | ||
(i) in the case of a relevant claimant who is such a claimant on the relevant date, before the 1st anniversary of the relevant date, | ||
(ii) in the case of any other relevant claimant, before the 3rd anniversary of the first date on which the claimant has been diagnosed positive for Hepatitis C or HIV, | ||
(k) subject to paragraph (m), to specify that a relevant claimant who fails to comply with regulations falling within paragraph (j) but who still makes an application to the scheme administrator for a benefit under the scheme, may— | ||
(i) have to wait a period (‘waiting period’) before the benefit is provided, | ||
(ii) have the benefit provided only partially, | ||
(iii) have the benefit provided only incrementally, | ||
or any combination thereof, as specified in the regulations, | ||
(l) to provide for a waiting period for relevant claimants over 50 years of age that is longer than the waiting period for relevant claimants under 50 years of age in cases where subsection (1)(d)(ii)(II)(A) applies to the claimants, | ||
(m) to specify that regulations falling within paragraph (j) or (k) shall not apply to or in relation to an application to the scheme administrator for a benefit under the scheme made by a relevant claimant who is less than 30 years of age at the time of the application, | ||
(n) to specify that the scheme administrator shall refuse an application for a benefit under the scheme made— | ||
(i) by a relevant claimant who is not less than 65 years of age, and | ||
(ii) on or after the 1st anniversary of the relevant date, | ||
(o) to specify that no benefit under the scheme shall— | ||
(i) be provided, or | ||
(ii) continue to be provided, | ||
to a relevant claimant who is not less than 75 years of age.”, | ||
and | ||
(c) by inserting the following after subsection (2): | ||
“(3) Regulations made under subsection (1A) shall not specify any conditions which require different treatment to be given to different relevant claimants based on their respective medical conditions except the medical condition by virtue of which a person is a relevant claimant. | ||
(4) Nothing in this section, or in any regulations made under this section, shall be construed to entitle any relevant claimant to any benefit under the relevant insurance scheme without the payment of insurance premiums that would generally be paid for the benefit by a person of the same age and gender who has not been diagnosed positive for Hepatitis C or HIV, as the case may be, except that, for the purposes of this section or those regulations being so construed, no regard shall be had to any other medical condition of the claimant. | ||
(5) Where— | ||
(a) a relevant claimant makes an application to the scheme administrator for a benefit under the relevant insurance scheme jointly with one or more than one person (‘other person’) who is not a relevant claimant, and | ||
(b) the benefit is provided jointly to the relevant claimant and the other person, | ||
then— | ||
(i) subject to subparagraph (ii), the other person shall be required to pay, in respect of the benefit and only insofar as the benefit is provided to the other person, that premium that would generally be paid for that benefit by a person of the same age, gender and health status as the other person, and | ||
(ii) the relevant claimant and the other person shall not be required to pay, in respect of the benefit jointly provided to the relevant person and the other person, a premium that is higher than the premium that would generally be paid for the joint provision of the benefit to 2 persons of the same age and gender as the relevant person and the other person and neither of whom has been diagnosed positive for Hepatitis C or HIV. | ||
(6) The scheme administrator may determine the procedures to be adopted in the operation, administration and supervision of the relevant insurance scheme to the extent that the procedures are not inconsistent with any provision of this Act (including any provision of any regulations made under this Act). | ||
(7) The scheme administrator may refuse to consider or further consider an application for a benefit under the relevant insurance scheme if— | ||
(a) the application is not in the form, if any, specified under section 7C, or | ||
(b) subject to section 7C(4), the applicant fails to provide the scheme administrator with such information in addition to the information provided by or with the application as the scheme administrator may reasonably require to enable the scheme administrator to determine the applicant’s eligibility for the benefit. | ||
(8) It is hereby declared that— | ||
(a) if a benefit under the relevant insurance scheme is provided to a relevant claimant, or a relevant claimant and the other person, by means of 2 or more policies, a maximum sum prescribed in regulations made under this section in respect of the scheme shall apply to the policies collectively, and | ||
(b) any insurance provided to a relevant claimant, or a relevant claimant and the other person, before, on or after the relevant date shall be disregarded for the purposes of determining a maximum sum prescribed in regulations made under this section in respect of a benefit under the relevant insurance scheme provided to the claimant, or the claimant and the other person, as the case may be. | ||
(9) Where an application for a benefit under the relevant insurance scheme is made to the scheme administrator on or after the 1st anniversary of the day appointed under subsection (11) as the establishment day for the scheme, then the scheme administrator shall— | ||
(a) subject to paragraphs (b) and (c), determine the application not later than 28 days after the day on which the scheme administrator received the application, | ||
(b) subject to paragraph (c), if subsection (7) applies to the application, not later than 28 days after the day on which that subsection ceases to apply to the application, | ||
(c) in any case where the scheme administrator fails to comply with paragraph (a) or (b), send a notice in writing to the applicant, not later than 7 days after that failure, setting out the scheme administrator’s reasons for the failure. | ||
(10) The Health Service Executive shall appoint a person (who may be an employee of the Executive) to administer the relevant insurance scheme. | ||
(11) The Minister shall by order appoint a day to be the establishment day for the purposes of the relevant insurance scheme. | ||
(12) The scheme administrator of the relevant insurance scheme shall submit a report of the scheme administrator’s activities and particulars of the scheme administrator’s accounts to the Minister at such time as the Minister directs. | ||
(13) The Minister shall cause copies of such reports to be laid before each House of the Oireachtas. | ||
(14) A report of the scheme administrator shall not identify any relevant claimant. | ||
(15) In this section, ‘relevant date’ means the date on which subsection (1A) commenced.”. |