The Gazette 1994

GAZETTE

JANUARY/FEBRUARY 1994

or his or her decision within 28 days of receiving the appeal. Decisions of the appeal officer are subject to review by the Ombudsman. There is no appeal in relation to the medical aspects, i.e. as to the existence of or level of dependency. A person can only look for a review of the decision or ask the Ombudsman to investigate the case. Several aspects of the new legislation are to be welcomed, particularly the improved control of nursing home registration and standards. From a practical point of view the rules concerning subventions at least clarify what has been an extremely vague area. However, it appears that persons who require nursing home care are legally entitled to it under the Health Act, 1970 without having to go through the system of means testing laid out in the more recent legislation. Thus the attempt to regulate access to Conclusion

nursing home care as a separate form of health services is arguably unlawful. In addition there are several points of the Nursing Home (Subvention) Regulations, 1993 which appear to be beyond the scope of the 1990 Act. The recent changes appear to have raised as many questions as they have answered. (Commencement) Order, 1993 (S. 1 No. 222 of 1993). 2. Including Nursing Homes (Care and Welfare) Regulations, 1993 (S.I. No. 226 of 1993) and the Nursing Homes (Subvention) Regulations 1993 (S.I. No. 227 of 1993). 3. See M. Cousins 'Nursing Home Care and Grants' (1992) 1 1 Irish Social Worker No. I p. 21; Ombudsman, Annual Report for 1992 (Stationery Office, 1993). 4. Sections 1 and 2. 5. Although nursing home subventions may be paid in respect of persons in the latter institutions. Section 7( 1 )(b). 6. Sections 3 and 4. Section 3(3) allows one year's grace to nursing homes already in operation on 1 September 1993. 7. Section 4(12). Notes 1. Health (Nursing Homes) Act, 1990

8. Section 4(3). Application and registration fees arc set out in the Nursing Homes (Fees) Regulations 1993 (S.I. No. 223 of 1993). 9. Section 4(4). 10. Section 4(4)(b) and (c). 11. Section 4(6). 12. Section 4(13). 13. Section 4(1 I). 14. Section 5. 15. S.I. No. 226 of 1993. See section 6 of the Act. See also the Homes for Incapacitated Persons Regulations 1985 maintained in force by section 6(6). 16. Section 6 (3) and see sections I 1 (penalties) and 12 (procedures). 17. Section 6(4). 18. Article 7 of S.I. No. 226. 19. Article 26. 20. Section 52 of the Health Act. 1970. See In re Mclnerneyi 1976-77) ILRM 229. 21. In re Mclnemey (1976-77) ILRM 229. 22. S.I. No. 224 of 1993. 23. Sec Cooke v. Walsh (1984) IR 710. 24. S.I. No. 227 of 1993. 25. Article 4. 26. Section 7, my emphasis. 27. Article 6. 28. Section 1 of the Act. 29. First Schedule. 30. Article 8 and the Second Schedule. 3 1. Article 9 and the Third Schedule. 32. Article 10 and the Fourth Schedule. 33. Article 19.

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B l a c k b a l l P l a c e P r i ze B o n d S c h e me

John G. Bolger, Bolger While Egan & Flanagan, £500 Patricia Heffernan, Rory O'Donnell & Company, £250

Anne P.M. Daly, George F. Daly & Co., £250 Mr. Liam MacHale, MacHales, Solicitors, £250 Patrick McMorrow, Alfred McMorow & Son, £500

The following are the winners of the annual prize bond draw, which was conducted at the Annual General Meeting of the Law Society on 14 November 1993.

Hugh O'Donnell, Rory O'Donnell & Co., £2,000 John C. & Robert Kiernan, Solicitors, £1,000

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C o mm e r c i a l S o l i c i t or required with own workload - client base to join existing firm adjacent to the Four Courts. Contact Box No. 123 ACKNTS - KNCLANI) AND WALKS We are willing to act as agents for Irish Solicitors in civil and criminal litigation. Contact: Olliers, Solicitors, 2/3 The Birtles, Wythenshawe Civil Centre, Manchester, M22 5RF. Telephone: 0044-61-437-0527 - Facsimile. 0044-61-437-3225.

Garry Lombard, Lombard & Cullen, £250

S. Peter Polden, A&L Goodbody, £1,000

Robert M. Flynn, Dunlea Flynn & English, £250

Brian Hoey, Brendan V. Hoey & Co., £250

Barry Donnelly, H.G. Donnelly & Son, £250 Michael Foy, Smith Foy & Partners, £500

Jim Dennison, Solicitor, £500

Sean Casey, John Casey & Company, £500

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