Seanad debates

Thursday, 1 February 2007

Health (Nursing Homes) (Amendment) Bill 2006: Committee Stage

 

1:00 pm

Fergal Browne (Fine Gael)

I move amendment No. 19:

In page 12, between lines 8 and 9, to insert the following:

"(5) (a) A person who is in receipt of a subvention and who is deemed by the Executive under subsection (2) either to be no longer qualified for the payment of a relevant subvention, or qualifies for the payment of a different relevant subvention than that currently being paid to the person, or a person acting on his or her behalf, may appeal, to an appeals officer designated by the Minister, on the grounds—

(i) of his or her means and circumstances,

(ii) that the review conducted under subsection (1) was inadequate, improper or incorrect, or

(iii) of any abatement of the maximum rate appropriate to that person's level of dependency,

against the decision of the Executive under subsection (2).

(b) The designated appeals officer shall consider an appeal under paragraph (a) and shall inform the person making the appeal of his or her decision within 28 days of the receipt of the appeal.

(c) For the purpose of deciding the appeal, the designated appeals officer may request information from the Executive and from the person to whom the appeal refers or a person acting on his or her behalf.

(d) A decision of an appeals officer shall be final and conclusive.

(e) Where the Executive makes a determination under subsection (2), it shall inform the dependent person to whom a relevant subvention is paid, of his or her right to appeal the decision under this subsection.".

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