Mary Harney (Dublin Mid West, Progressive Democrats)

The Health Act 2008 allows for a surviving spouse of an over 70 medical card holder to retain his or her card for a period of three years provided that the death occurred on or after 1 January 2009, the surviving spouse or partner was aged 70 or over at the time of the death, and the surviving spouse remains within the €1,400 weekly income limit for a couple. After three years, the surviving spouse will be assessed under the €700 single weekly income limit.

I moved an amendment during the passage of the legislation through the Houses of the Oireachtas to ensure a person aged 70 or over would not lose his or her medical card as an immediate consequence of the death of a spouse. My Department examined the options available to ensure the trauma was minimised for an elderly person whose spouse dies. I am satisfied the provision in the legislation offers the best solution from a non-discrimination point of view.

A surviving spouse aged 70 or over who no longer qualifies for a medical card after 1 January may apply to the HSE for a card under the existing net income thresholds which take account of medical, nursing and other relevant expenses. The HSE may also issue a medical card on a discretionary basis if the person would otherwise be caused undue hardship in providing general medical and surgical services for themselves and any dependants. Such people are encouraged to apply to the HSE for a discretionary card. I am satisfied that within the confines of the legislation it is not possible to change what has recently been legislated for.

See this speech in context