Áine Brady (Kildare North, Fianna Fail)

Amendments Nos. 10 and 11, which relate to determinations on care needs assessments, are already addressed in the legislation. Amendment No. 10 seeks to provide that the HSE shall take into account whether a person is capable of caring for himself or herself or of having care services provided. However, section 7(6) already provides that the care needs assessment must take account of the services and supports available to a person and any other matter likely to affect his or her ability to care for himself or herself. As such, the assessment will encompass these matters and the HSE's determination will then be based on the findings of the assessment. It is difficult to set a bar because each individual case is different. The care needs assessment is holistic in nature and takes into account the family and community supports available to a person.

Amendment No. 11 seeks to stipulate that a determination may be revised where a person's care needs are materially altered. This is already provided for under section 8, which ensures that a person can seek a review of his or her care needs and clarifies the basis for such a review. For these reasons, I do not propose to accept amendments Nos. 10 and 11.

Amendments Nos. 18 and 19, which seek to reduce the timeframe for reviews under section 8 are also unnecessary. This is because a person can seek a review prior to the expiration of the six month timeframe if certified by a medical practitioner as having experienced a material change in health or circumstances or if the HSE is satisfied that this has occurred. For these reasons, I do not propose to accept amendments Nos. 18 and 19.

If Deputy Reilly wishes, I will clarify the position with regard to the amendments relating to the treatment of farms.

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