Séamus Brennan (Dublin South, Fianna Fail)

I thank the Deputy for those questions. There are two parts to this issue. One is the income part, which is the property of the person in receipt of the disability allowance or this new allowance. The other part is the amount the institution is permitted to have paid to it, which will be dealt with under legislation going forward. The first part of the issue is not involved in the constitutional debate we have had because these are income payments made to individuals under law. Different payments are made to people under law depending on their various circumstances at the time. There are many cases where different rates of payment are made to people in broadly similar, but not identical, circumstances. Different rates can be paid in what appear to be similar circumstances but which are not quite the same. That is governed by legislation. Social welfare legislation laid down certain regulations in 1999 and prior to that such legislation laid down different rates.

The first part of this issue concerning disability allowances in residential institutions is the income side and in so far as that has been governed by law, it is legal and above board to have different rates. The second side of the issue, the charges for such care, is the side with which the Department of Health and Children deals. We have to separate those two issues. In so far as the second part of the issue has constitutional implications, they are the same as those that have been discussed by the Tánaiste and by other Members of the House in regard to payment for care. We have to separate the income side from the expenditure side, which is the constitutional area, and that is being dealt with.

I condemn any abuse by family members or anybody else — I assume that was what the Deputy was getting at — who do not play it fair with persons in residential institutions, be they relatives or persons for whom they are responsible or over whom they have some charge. I do not have any great statistics or information on that area. My Department tries to monitor, as best it can, how these arrangements work on the ground, but we do not have a great deal of information on that area.

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