Matt Carthy (Cavan-Monaghan, Sinn Fein) | Oireachtas source

Mr. Mulvany’s point is made. Is it not correct to say that there is a third group, because there were also medical card holders in what are known as section 38 and 39 disability services homes, in community hospitals, essentially? Is that not correct?

I refer Mr. Mulvany to the financial statements of the HSE from quite a number of years ago, for 2009, 2010 and 2011, which I will read from:

In addition, the HSE with the Department of Health and Children has lodged an appeal to the High Court in respect of determinations by the Appeals Officer granting eligibility to clients of certain disability services. Consequently, it is considered inappropriate to attempt to estimate any potential future liability arising from these actions...

Essentially, what we know from the HSE’s annual statement is that there were residents in these community services and disability services who applied for the scheme, were deemed ineligible, and then appealed it to the appeals officer within the HSE. The appeals officer, as I understand it, took three test cases related to services at St. Michael’s House, Cheeverstown House and the Daughters of Charity. He determined, on the basis of those three cases, that those residents were eligible under the scheme. The HSE and the Department of Health actually initiated an appeal against their own appeals officer to the Courts Service. Is Mr. Mulvany aware of any of this?