Written answers

Thursday, 20 March 2025

Photo of Emer CurrieEmer Currie (Dublin West, Fine Gael)
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265. To ask the Minister for Finance if he will consider providing tax relief on certain foods for families with children who have severe food allergies, similar to the supports available for coeliacs and diabetics; and if he will make a statement on the matter. [13221/25]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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Section 469 of the Taxes Consolidation Act 1997 (TCA) provides for tax relief where an individual proves that he or she has incurred costs in respect of qualifying health expenses.

Only "health expenses" incurred in the provision of “health care”, which has been carried out or advised by (in certain circumstances) a practitioner, will qualify for tax relief.

Health care is defined as the “prevention, diagnosis, alleviation or treatment of an ailment, injury, infirmity, defect or disability”.

Health expenses are defined as “expenses in respect of the provision of health care” and may include, but are not limited to, the following:

  • the services of a practitioner,
  • diagnostic procedures carried out on the advice of a practitioner,
  • maintenance or treatment necessarily incurred in connection with the services of a practitioner or diagnostic procedures carried out on the advice of a practitioner,
  • drugs or medicines supplied on the prescription of a practitioner, and
  • the supply, maintenance or repair of any medical, surgical, dental or nursing appliance used on the advice of a practitioner.
A practitioner is defined as "any person who is:
  • registered in the register established under section 43 of the Medical Practitioners Act 2007,
  • registered in the register established under section 26 of the Dentists Act, 1985, or,
  • in relation to health care provided outside the State, entitled under the laws of the country in which the care is provided to practice medicine or dentistry there".
Revenue guidance sets out that the health expenses relief can be claimed in respect of certain food products for individuals who:
  • are coeliac and must purchase gluten free foods specifically manufactured to be gluten free.
  • are diabetic and must purchase food products manufactured specifically for diabetics.
In order to make a claim for such food products, a letter from a doctor stating that the individual is coeliac or diabetic is required.

Further guidance on tax relief for qualifying health expenses can be found in Revenue’s Tax and Duty Manual Part 15-01-12, which can be accessed at the following link: www.revenue.ie/en/tax-professionals/tdm/income-tax-capital-gains-tax-corporation-tax/part-15/15-01-12.pdf

Finally, I would note that the health expenses relief is a longstanding and broadly availed of relief. In 2022, the cost of tax relief for health expenses (excluding nursing home expenses) was €201.1 million and it was availed of by 662,900 claimants. I currently have no plans to amend section 469 TCA.

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