Hepatitis C Compensation Tribunal (Amendment) Act 2006
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Insertion of new sections 7A (appeals against relevant decisions of scheme administrator), 7B (special account for relevant insurance scheme), 7C (power of scheme administrator to specify forms) and 7D (confidentiality of matters relating to relevant claimants) into Hepatitis C Compensation Tribunal Act 1997. |
4.— The Hepatitis C Compensation Tribunal Act 1997 is amended by inserting the following after section 7: | |
“Appeals against relevant decisions of scheme administrator. | ||
7A.— (1) A person may appeal against a relevant decision not later than 90 days after notice in writing of the decision was given to the person by the scheme administrator. | ||
(2) An appeal under subsection (1) shall— | ||
(a) be in a form specified under section 7C for the purposes of this section, and | ||
(b) state the reasons for the appeal. | ||
(3) The Minister shall appoint in writing a person or more than one person— | ||
(a) who is a barrister or solicitor of not less than 5 years standing, | ||
(b) to consider appeals under subsection (1), and | ||
(c) subject to subsections (9)(a) and (10), on such terms and conditions as are specified in the appointment. | ||
(4) A person appointed pursuant to subsection (3) to consider an appeal under subsection (1) shall— | ||
(a) be independent in the performance of the person’s functions under this Act as a person so appointed, | ||
(b) subject to paragraph (a), comply with guidelines (if any) prepared and issued by the Minister in respect of the procedure to be followed with respect to the consideration of any appeal under subsection (1), | ||
(c) consider any written or oral submissions made by or on behalf of the appellant and the scheme administrator in respect of the appeal, | ||
(d) make a decision in writing determining the appeal as soon as is practicable in all the circumstances of the case and, if the appeal is allowed, in that decision award to the appellant any reasonable costs and expenses the appellant has incurred in making the appeal, | ||
(e) send a copy of the decision to the appellant and the scheme administrator together with the person’s reasons for the decision, and | ||
(f) conduct the appeal otherwise than in public. | ||
(5) A person affected by a decision under subsection (4)(d) may appeal to the High Court— | ||
(a) on a point of law from the decision, and | ||
(b) not later than 28 days after the appellant received a copy of the decision and the reasons for the decision pursuant to subsection (4)(e). | ||
(6) A decision of the High Court following an appeal under subsection (5) shall, where appropriate, specify the period within which effect shall be given to the decision. | ||
(7) The decision of the High Court on an appeal under subsection (5) shall be final and conclusive. | ||
(8) The scheme administrator shall— | ||
(a) if applicable, give effect to a decision under subsection (4)(d) as soon as is practicable after the period referred to in subsection (5) has elapsed without any appeal under subsection (5) having been made in respect of the decision, | ||
(b) if applicable, give effect to a decision of the High Court on an appeal under subsection (5)— | ||
(i) within the period, if any, specified in the decision, or | ||
(ii) if subparagraph (i) is not applicable, as soon as is practicable. | ||
(9) A person appointed pursuant to subsection (3)— | ||
(a) shall be paid such remuneration and allowances as the Minister, with the consent of the Minister for Finance, determines, | ||
(b) may be provided with such permanent or temporary staff (including medical or other experts), paid at such remuneration, as the Minister, with the consent of the Minister for Finance, determines as reasonably necessary to enable the person to perform the functions under this Act as a person so appointed, and | ||
(c) may resign from the appointment by notice in writing given to the Minister. | ||
(10) The Minister may revoke the appointment of a person appointed pursuant to subsection (3) for stated reasons. | ||
(11) Each person appointed under subsection (3) shall, at such intervals as are specified in writing by the Minister, submit a report in writing to the Minister in relation to the performance of the person’s functions under this Act as a person so appointed during the period to which the report relates. | ||
(12) The Minister shall cause copies of a report submitted under subsection (11) to be laid before each House of the Oireachtas. | ||
(13) A report referred to in subsection (12) laid before each House of the Oireachtas shall not identify any relevant claimant. | ||
(14) In this section— | ||
‘ relevant decision ’, in relation to the relevant insurance scheme, means a decision of the scheme administrator— | ||
(a) to refuse, pursuant to section 7(7), to consider or further consider an application for a benefit under the scheme, | ||
(b) that a person is not a relevant claimant, | ||
(c) to refuse to provide, or to cease to provide, a benefit under the scheme, | ||
(d) to provide a benefit under the scheme only partially or incrementally, or a combination thereof, or | ||
(e) as to the amount of the sum assured of a benefit provided under the scheme. | ||
Special account for relevant insurance scheme. | ||
7B.— (1) There shall be set up, on the commencement of this section, a special account, to be funded from moneys provided by the Oireachtas, to be used to pay benefits under the relevant insurance scheme and to pay the costs of the scheme administrator in administering the scheme (including, subject to section 7(4), insurance premiums). | ||
(2) Subject to subsection (3), the moneys in the special account may be used at any time but shall only be used for the purposes for which they were voted and shall be issued out of that account only by direction of the Minister for Finance. | ||
(3) Any moneys, including interest (if any), in the special account may be paid into, or disposed of for the benefit of, the Exchequer in accordance with the directions of the Minister for Finance. | ||
(4) In this section ‘ special account ’, unless the context otherwise requires, means an account for the purposes of this Act in the joint names of the Minister and the Minister for Finance, which account shall— | ||
(a) be an account with the Paymaster General, | ||
(b) be subject to such terms and conditions as the Minister for Finance, in consultation with the Minister, may determine, and | ||
(c) be subject to audit by the Comptroller and Auditor General. | ||
Power of scheme administrator to specify forms. | ||
7C.— (1) The scheme administrator may specify the form of any document required for the purposes of the relevant insurance scheme as the scheme administrator thinks fit (including a document to provide evidence for a decision which falls within subsection (4)(a), (b) or (c) or an opinion which falls within subsection (4)(d)). | ||
(2) A form specified under this section shall be— | ||
(a) completed in accordance with such directions and instructions as are specified in the form, | ||
(b) accompanied by such documents as are specified in the form, and | ||
(c) if the completed form is required to be provided to the scheme administrator or any other person, so provided in the manner, if any, specified in the form. | ||
(3) The scheme administrator’s power under subsection (1)— | ||
(a) may be exercised in such a way as to require the person completing the form to make a statutory declaration as to whether the particulars contained in the form are true and correct to the best of that person’s knowledge and belief, | ||
(b) may be exercised in such a way as to specify 2 or more forms of any document referred to in that subsection, whether as alternatives, or to provide for particular circumstances or particular cases, as the scheme administrator thinks fit. | ||
(4) Subject to subsection (5), the scheme administrator shall, for the purposes of determining whether or not a person is a relevant claimant— | ||
(a) accept any decision made by the Tribunal under section 5 which relates to the person and which has not been the subject of an appeal under that section to the High Court, | ||
(b) accept any decision made by the High Court on an appeal under section 5 which relates to the person and which has not been the subject of an appeal under that section to the Supreme Court, | ||
(c) accept any decision made by the Supreme Court on an appeal under section 5 which relates to the person, and | ||
(d) accept an opinion referred to in section 2(1) of the Health (Amendment) Act 1996 (as amended by section 6 of the Hepatitis C Compensation Tribunal (Amendment) Act 2006) which relates to the person. | ||
(5) Subsection (4) shall not operate to prejudice the generality of— | ||
(a) subsections (1A) and (1B) of section 1 (as amended by section 1 of the Hepatitis C Compensation Tribunal (Amendment) Act 2006), or | ||
(b) subsections (1A) and (1B) of section 2 of the Health (Amendment) Act 1996 (as amended by section 6 of the Hepatitis C Compensation Tribunal (Amendment) Act 2006). | ||
Confidentiality of matters relating to relevant claimants. | ||
7D.— (1) Except as may be necessary for the performance of any functions under this Act (including regulations made under this Act) relating to the relevant insurance scheme or for giving effect to the provisions of this Act, every person to whom this subsection applies— | ||
(a) shall preserve and aid in preserving confidentiality with respect to all matters relating to the affairs of any relevant claimant that come to the person’s knowledge in the performance of any such functions, | ||
(b) shall not communicate any such matter to any person other than the relevant claimant to whom such matter relates, and | ||
(c) shall not suffer or permit any person to have access to any records in the possession, custody or control of a person to whom this subsection applies and that relate to any such matter. | ||
(2) Subsection (1) shall apply to any person who is or has been— | ||
(a) the scheme administrator, | ||
(b) an insurer, | ||
(c) a person appointed pursuant to section 7A(3), or | ||
(d) a person— | ||
(i) employed by or assisting (in whatever capacity) a person to whom that subsection applies by virtue of paragraph (a), (b) or (c), and | ||
(ii) who performs or has performed a function referred to in that subsection. | ||
(3) A person who, without lawful excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable— | ||
(a) on summary conviction, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 6 months or both, or | ||
(b) on conviction on indictment, to a fine not exceeding €25,000 or to imprisonment for a term not exceeding 2 years or both.”. |