asked the Minister for Health if health authorities may by resolution direct county managers (or chief executive officers) to disregard part of the income of (a) the householder or (b) any member of the family when assessing eligibility for medical cards.
Written Answer. - Assessment of Eligibility for Medical Cards.
33.
Under Section 4 of the City and County Management (Amendment) Act, 1955, the elected members of a local authority have power by resolution to direct the manager for the authority in the performance of certain of his functions. This power does not extend to permit the elected members to issue directions as respects the performance of any executive function of the authority generally or substantially so. Neither does it relate to the manager's performance of "individual health functions," which include functions in relation to decisions on the eligibility of individuals for health services and the making of charges under the relevant statutes for such services.
A dispute between the members of the local authority and the manager as to whether or not a particular resolution is covered by section 4 of the 1955 Act, or outside the provisions of that section because of the exclusions mentioned above, is referable for decision to the Minister for Health or the Minister for Local Government, as appropriate. In view of these appellate functions, the Deputy will appreciate that it would be improper for me to prejudice a decision on any dispute which may be referred to me or the Minister for Local Government by expressing an opinion on the issue specified in his question.