asked the Minister for Health if he is aware that certain local authorities have a doubt as to their legal authority to pay the maternity cash grant under the Health Act, 1953; and, if so, whether he will make a statement in the matter.
Ceisteanna—Questions. Oral Answers. - Maternity Cash Grants.
I am not aware that any appropriate local authority has doubts about its legal authority to pay maternity cash grants under Section 23 of the Health Act, 1953. Accordingly, the last part of the question does not arise.
Could the Minister at this stage say whether the means test being applied is prescribed by the local authority or by the Minister?
The means test is applied by the local authority, but it is laid down in the Public Assistance Act and has been there for the past 50 or 60 years. It says:—
"A person who is unable to provide by his or her own industry or other lawful means the medical, surgical, ophthalmic, dental and aural treatment or medicines, or medical, surgical or dental appliances necessary for themselves or their dependents."
Is the Minister satisfied that the standard is a national standard or can he say if there are different standards in different counties?
That has been the test of the Public Assistance Acts for many years back and local authorities always interpreted it for themselves. I cannot say but that counties may interpret it in slightly different ways and I think it would be necessary, as soon as things settle down somewhat, to try to get general agreement amongst the local authorities.