Willie Penrose (Westmeath, Labour)

I welcome the late clarification from the Minister. This is a long time coming and it has caused great anxiety to the very large number of people who will qualify for the refunds as a result of the illegal levying of charges. The State would have compounded the error if it had included these moneys as part of the means test assessment. Precedence already existed regarding payments to hepatitis C victims and other groups to ensure they were excluded. Is it the position that the Minister is giving an unequivocal commitment to ensure that the repayments will not affect non-contributory old age pensioners and widows' pensions in the future? That is an absolute commitment given on the floor of the House and the Minister cannot resile from it.

Another problem we have been pursuing concerns the counting of social welfare payments as assets in the reassessment of the means of old age non-contributory pensioners. I am talking about the claw-back policy being operated by the Minister's Department as a result of which more than €20 million was obtained in recent years. Is the Minister aware that under the new legislation money saved by some pensioners for a rainy day, their burial or to provide for nursing home care in the future is now being calculated as part of their assets and if it is more than €20,000, it will lead to a reduced income? I put it to the Minister that this policy is a disincentive to people to save and live frugally. Could we re-examine that policy?

I welcome what is being done regarding the nursing home subvention payments because people should not have those payments assessed but unless the Minister examines the current claw-back system operating in respect of non-contributory old age pensioners, it will lead to a discrimination case being taken in the courts.

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