Dan Neville (Limerick West, Fine Gael)

I move amendment No. 4:

In page 9, between lines 5 and 6, to insert the following:

8. Without prejudice to the generality of section 7—

(a) a determination as to a person's eligibility for a repayment of recoverable health charges shall be made as soon as is reasonably possible and in each case no later than—

(i) 28 days after an application has been lodged, or

(ii) the commencement of this Act, whichever is the later, and

(b) once a determination has been made as to a person's eligibility for a repayment of recoverable health charges, such a payment shall be made as soon as is reasonably possible and in each case no later than 28 days after such a determination has been made.

The amendment relates to the period of 28 days following an application being lodged within which a payment would accrue to the person making the claim. This issue arose almost a year and eight months ago. Legislation was introduced to ratify the deduction.

It will be almost two years since Deputy Perry exposed this issue before any payment will accrue to the residents of public nursing homes. As a result of the delay many of the people who were eligible for payments have passed on. The average time a person spends in a nursing home is two to three years. Is it the case that 30% to 40% of those who were entitled to refunds when this issue first came into the public domain have passed on? Will the Minister of State outline in his reply when payments will commence? At one stage it was indicated that payments would commence in August of this year. Will the Minister please clarify the position?

The aim of the amendment is to ensure a person will get his or her repayment within 28 days of an application being lodged. Procrastination has been the hallmark of the introduction of this Bill to facilitate repayments to those in long-stay nursing homes, including people in psychiatric hospitals and those with intellectual disabilities who are in institutions. By August, it will be almost two years from the day when Deputies Perry and Kenny exposed the illegal charges levied on very vulnerable people. We ask the Minister of State to accept that payment should be made 28 days after lodging the application.

See this speech in context