Medical Card/G.P. Visit Card National Assessment Guidelines

Introduction
The Health (Amendment) Act, 1991 introduced the criterion of ordinary residence for determining
eligibility for Health Services in Ireland. The relevant provisions of the Health Act, 1970 as
amended by the 1991 Act, are as follows:
• Section 45 (1) includes being “ordinarily resident in the State” among the criteria for full
eligibility;
• Section 45 (7) is extended to provide that a person who is not “ordinarily resident” here may,
as with anyone else who does not qualify for full eligibility, be given full eligibility for an
individual service where the Chief Executive Officer of the Health Area considers this to be
justified on hardship grounds;
• Section 45 includes being “ordinarily resident in the State” among the criteria for limited
eligibility;
• Section 47A provides that the Minister may issue guidelines to the Chief Executive Officers
of the Health Areas (and to any appeals officer appointed under Section 47 (1) to assist in
deciding whether or not a person is “ordinarily resident in the State” for eligibility purposes.
The Health (Amendment) Act, 1991, also provides (in Section 9) that none of the above provisions
shall affect the operation of the EC Regulations, which govern health service entitlements for
migrant workers, social security pensioners, and temporary visitors etc, from other EC memberstates.
Following consultation between the Department of Health and the Health Areas, the Minister for
Health is, under Section 47A of the Health Act, 1970 (as amended by the Health (Amendment) Act,
1991) issuing the following guidelines on the interpretation of the criterion of ordinary residence.
The guidelines deal with the interpretation of ordinary residence under the following headings:
• nationals of non-EC countries;
• nationals of EC countries other than Ireland;
• Irish nationals who have been resident outside Ireland
References in the guidelines to “satisfying the Health Area” imply satisfying the Chief Executive
Officer or any officer to whom the function of determining eligibility for health services had been
delegated by the Chief Executive Officer. In all cases the Health Area is entitled to seek such
evidence as it may require in order to reach its decision.
1 Nationals of non-EC countries
1.1. An non-EC national should be regarded as “ordinarily resident” in Ireland if s/he satisfies the
Health Area that it is his/her intention to remain in Ireland for a minimum period of one year.
Examples of the evidence which may be sought in this context include
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