Ireland: Legislation Update

FSO Levies and Fees Regulations 2013

The Financial Services Ombudsman Council has published the Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2013 (the "Regulations").  The Regulations amend the previous 2012 Regulations (S.I. No. 506 of 2012) and provide for a scheme of levies on regulated entities to fund the operation of the Financial Services Ombudsman's Bureau for the year ended 31 December 2014.

Under the Regulations, in respect of liabilities for the year ended 31 December 2014:

(1) Credit Institutions (Category A) are required to pay a levy calculated at the rate of €0.1763 per retail customer as at 30 June 2013. A minimum levy of €600 is payable by each credit institution;

(2) Insurance undertakings (Category B):

• Life assurance undertakings are required to pay a levy calculated on the basis of 0.0366% of its total net premium income for the year ending 31 December 2012, but excluding Class VII premium income, written on Irish risk business. A minimum levy of €600 is payable by each life assurance undertaking
• Non-life insurance undertakings (excluding captives), are required to pay a levy calculated on the basis of 0.0607% of its total net premium income written on Irish risk business for the year ending 31 December 2012. In respect of that portion of the undertaking's net premium income which is derived from accident and health insurance business, the levy in relation to that portion is to be calculated in accordance with the calculation used for accident and health insurance undertakings set out below. A minimum levy of €600 is payable by each non-life insurance undertaking
• Accident and health insurance undertakings (including non-life insurance undertakings providing accident and health insurance) are required to pay a levy calculated on the basis of a levy of 0.021% of its total net premium income derived from accident and health risk insurance business for the year ending 31 December 2012. A minimum levy of €600 is payable by each health insurance provider

(3) Intermediaries (Category C) are required to pay a levy calculated on the basis of 15% of the levy payable to the Central Bank in 2013. A minimum levy of €125 is payable by each intermediary. Intermediaries who are members of the Society of the Irish Motor Industry ("SIMI") are not required to pay this levy. SIMI must pay a flat rate levy of €10,000 for and on behalf of its members who are intermediaries as described in Category C above and this payment will discharge the intermediaries' obligation to pay a levy under the Regulations.

To view the full text of the Regulations, please click here.

Health Insurance (Amendment) Act 2013

The Health Insurance (Amendment) Act 2013 was enacted by the Oireachtas on 25 December 2013. The Act amends the Health Insurance Act 1994 to

The Act also makes other consequential amendments to the Stamp Duties Consolidation Act 1999 and provides for other related matters.

To view the full text of the Act, please click here.

Health Insurance Act 1994 (Information Returns) (Amendment) Regulations 2013

The Regulations were signed by the Minister for Health on 19 December 2013. They set out the format and content of the information returns specified in Section 7D of the Health Insurance Acts, as amended by the Health Insurance (Amendment) Act, No 45 of 2012, to include additional information that the Health Insurance Authority has previously obtained as a result of information requests.

In addition to the data currently provided in relation to all in-patients stays, information returns will now provide a breakdown of returned benefits into that relating to publicly funded hospitals, private hospitals and to hospital consultants. A breakdown of Cell Claim Value into that relating to overnight stays is provided as well as a breakdown of overnight stays where a charge is payable under Section 55 of the Health Act, 1970 for such period. The purpose of the information returns is to enable the Authority to report to the Minister as set out in Section 7E of the Acts and in particular to make its recommendations to the Minister on any changes in the risk equalisation credits and corresponding stamp duty levy required to fund the credits.

To view the Regulations in full, please click here.

Health Insurance Act 1994 (Section 11E(3)) (No.4) Regulations 2013

The Regulations were made by the Health Insurance Authority pursuant to Section 11E(3) of the Health Insurance Act 1994, as inserted by section 15 of the Health Insurance (Amendment) Act 2012 and were signed by the Authority on 19 December 2013. The Regulations specify that the Health Insurance Authority is satisfied that certain relevant contracts do not provide for advanced cover.

To view the Regulations in full, please click here.

Health Insurance Act 1994 (Section 11E(2)(No.3) Regulations 2013

The Regulations are made by the Health Insurance Authority pursuant to Section 11E(2) of the Health Insurance Act 1994, as inserted by section 15 of the Health Insurance (Amendment) Act 2012 and were signed by the Authority on 19 December 2013. The Regulations specify that the Health Insurance Authority is satisfied that certain relevant contracts do not provide for advanced cover.

To view the Regulations in full, please click here.

Health (Amendment) Act 2013 (Section 18) (Commencement) Order 2013

The Order was passed by the Minister for Health on 23 December 2013. It commences Section 18 of the Health (Amendment) Act 2013 which provides that the Health Service Executive (formerly health boards) shall provide out-patient medical, surgical and midwifery services, without charge, to women in respect of motherhood.

To view the Order in full, please click here.

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