Seán Power (Kildare South, Fianna Fail)

This is a further amendment to Schedule 2, Part 7, which is an amendment to the Health (Repayment Scheme) Act 2006. It is a technical amendment to deal with an issue where a patient to whom the Act applies who would be entitled to a repayment of charges is a ward of the Circuit Court and the Circuit Court has a concurrent jurisdiction with the High Court in wardship matters. This concurrent jurisdiction is conferred by section 22(2) of the Courts (Supplemental Provisions) Act 1961. The registrar of the ward of the High Court only has responsibility for wards who have property with a value in excess of €6,350 or an income from savings and investments in excess of €380 per annum.

A patient whose property value or income from interest on savings or investments is below either of the thresholds mentioned by me could only be made a ward of the Circuit Court and the registrar of the wards of the High Court has no authority to act in such cases. Authority in this instance rests with the relevant county registrar.

The amendment amends the definition of a connected person in the Act to include county registrars and this puts beyond doubt the right of patients who are wards of the Circuit Court to have the county registrar apply for repayment of funds in line with the provisions of the Act.

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