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GAZETTE
sep
T
em
BER 1986
It is clear from the foregoing, firstly, that the Health
Board has no option in the matter and, where the injury
is the result of the negligent use of a mechanically
propelled vehicle,
must
make a charge even though, had
the injury occurred in other circumstances, no charge
might have been possible. Furthermore, the obligation
on the part of the Health Board to make such a charge
exists not only where damages or compensation have
actually been recovered but where the injured person,
his personal representative or dependant is
entitled
to
receive damages or compensation. While it is true that
the Act further provides that the Health Board may
waive the whole or part of a charge, it is not mandatory
on it to do so.
It would seem that under these provisions an injured
person might very well be compelled to pay a charge
(notwithstanding his possible entitlement to free
treatment under the Health Acts in other circumstances)
and only some time later, when it becomes clear that he
is unable to recover damages or compensation, either at
all or in full, would part or all of the charge be
reimbursed, provided the Health Board decides to waive
the same.
It will be remembered that prior to
Cooke
-v-
Walsh
the charge made by a Health Board was not (as one
might have expected) the ordinary charge made to a
private patient receiving treatment in hospital, but the
full economic cost of maintaining an injured person in
hospital.
This in fact was a very much higher figure. The Act
does not state expressly what charge should be made,
but the possibility obviously exists that a full economic
charge may again be sought.
It is submitted the provisions of the Act apply only in
cases where the injury was sustained after the Act came
into force (7 May, 1986).
It is further submitted that the provisions of the
Health (Amendment) Act, 1986, are by their very nature
discriminatory against persons who are injured by the
negligent use of mechanically propelled vehicles in a
public place and, indeed, the owners/drivers of those
vehicles, and accordingly that the foregoing provisions
of the Act may very well be found to be unconstitutional
if and when tested in the Supreme Court.
•
Criminal Injuries
Compensation Tribunal
Members are advised that a scheme of compensation
for personal injuries criminally inflicted has been
changed from 1 April, 1986. Compensation to be
awarded by the Tribunal will be on the same basis as
damages awarded under the Civil Liability Acts except
that compensation will not be payable:
(a) By way of exemplary, vindictive or aggravated
damages.
(b) In respect of the maintenance of any child bom to
any victim of a sexual offence.
(c) In respect of loss or diminution of expectation of
life.
(e) In so far as injuries sustained on or after 1 April,
1986, are concerned
in respect of pain and
suffering.
•
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WHERE THERE'S A WILL
THIS IS THE WAY...
When a client makes a will in favour of the Society, it
would be appreciated if the bequest were stated in the
followingwords:
"I deviseandbequeath the sum of
Founds to the
Irish CancerSocietyLimited to be appliedby it forany
of the charitable objects of the Society as it, the Society,
at its absolute discretion, maydecide
All monies received by the Society are expended
within the Republic of Ireland.
"Conquer Cancer Campaign" is a Registered Business
Name and is used by the Society for some fund raising
purposes. The "Cancer Research
Advancement Board"allocates
all Research Grants
on behalf of
the Society.
IRISH
CANCER
SOCIETY
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Dublin 4
Ireland
Tel: 681855
236