Tim O'Malley (Limerick East, Progressive Democrats)

The Health (Charges for In-Patient Services) Regulations 2005 have provided for two different classes of persons on whom charges may be levied. These regulations were signed by the Minister for Finance and the Minister for Health and Children on 14 January 2005.

Class 1 refers to people in receipt of inpatient services on premises where nursing care is provided on a 24-hour basis on those premises. In this case, a weekly charge of €120, or the weekly income of that person less €35, whichever is the lesser, can be levied.

Class 2 refers to people in receipt of inpatient services on premises where nursing care is not provided on a 24-hour basis on those premises. In this case, a weekly charge of €90, or the weekly income of that person less €55 or 60% of the weekly income of that person, whichever is the lesser, can be levied.

These regulations provide for the maximum charge to be levied on either class of person. The HSE issued revised guidelines for the implementation of the charges in July 2006. No further distinctions are made in terms of the classes of persons to which charges apply and I do not have plans to introduce any.

The HSE has the power to reduce or waive a charge on the grounds of "undue hardship". Under section 1(b) of the Health (Amendment) Act 2005, the HSE can examine a person's overall financial circumstances in view of his or her reasonable expenditure regarding himself or herself or his or her dependants, if any.

I welcome the recent decision by my colleague, the Minister for Social and Family Affairs, to grant the full disability allowance to all persons in institutional residential care who, prior to this decision, were not eligible for this allowance. The net impact of granting the full disability allowance, in the context of long-stay charges, is that the individuals will continue to receive the same level of service as before but will have increased income which they will be able to retain for their personal use.

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