Results 1,861-1,880 of 3,665 for speaker:Seán Power

Seanad: Health (Repayment Scheme) Bill 2006: Committee Stage. (13 Jun 2006)

Seán Power: I am not in a position to accept this amendment because under the provisions of the Bill applicants can already claim recoverable health charges from more than one institution. The Bill allows any recoverable health charge to be reclaimed under the scheme. This refers to the amount paid of a charge imposed on a person with full eligibility under the Health Charges for Inpatients Services...

Seanad: Health (Repayment Scheme) Bill 2006: Committee Stage. (13 Jun 2006)

Seán Power: The scheme will be administered somewhat differently from what the Senators indicate. Not alone will the people receive the moneys illegally taken from them but they will also receive interest. Applications for repayment will be processed and the person will receive notification of the amount to be repaid. On receipt of that letter the person has 28 days within which to decide to accept or...

Seanad: Health (Repayment Scheme) Bill 2006: Committee Stage. (13 Jun 2006)

Seán Power: I cannot be any straighter than I have been. The Senator's proposal is ridiculous. When an application is processed and a figure arrived at, the applicant is notified. It would be impossible to pay the person within the 28 days because he or she has that period to appeal or accept the payment. The Government has no intention of delaying it any longer. If we accept the Senator's proposal and...

Seanad: Health (Repayment Scheme) Bill 2006: Committee Stage. (13 Jun 2006)

Seán Power: While I understand the intent of Senator Ryan's amendment No. 5, I am not in a position to accept it, unfortunately. It would allow for prescribed repayments to be disregarded for the purpose of the assessment of means under non-statutory schemes. If I were to accept the amendment, a number of community or non-statutory schemes could be deemed to be covered by this legislation. That could...

Seanad: Health (Repayment Scheme) Bill 2006: Committee Stage. (13 Jun 2006)

Seán Power: What we are saying is that only statutory schemes will be considered when disregarding repayments for the purpose of the assessment of means. This provision has been included on the advice of the Attorney General.

Seanad: Health (Repayment Scheme) Bill 2006: Committee Stage. (13 Jun 2006)

Seán Power: We could not ignore that advice.

Seanad: Health (Repayment Scheme) Bill 2006: Committee Stage. (13 Jun 2006)

Seán Power: The Senator's observations are correct.

Seanad: Health (Repayment Scheme) Bill 2006: Committee Stage. (13 Jun 2006)

Seán Power: The last part. To put his mind at rest, I am advised that the word "benefit" will cover "assistance". Hence, I am not in a position to accept the amendment. The Attorney General's office is satisfied that the present wording is sufficient for the purpose of the scheme.

Seanad: Health (Repayment Scheme) Bill 2006: Committee Stage. (13 Jun 2006)

Seán Power: I do not accept this amendment because section 15(a) already provides that the scheme administrator should give notice in writing to the applicant of its decision and the reasons for its decision. In the case of those receiving a repayment, the reasons for the decision will include a calculation of the amount of repayment. This will be especially important if any ex gratia deductions, or...

Seanad: Health (Repayment Scheme) Bill 2006: Committee Stage. (13 Jun 2006)

Seán Power: I do not accept this amendment because the provision of section 15(a) already provides that the scheme administrator will give the applicant notice in writing, as well as the reasons for the decision. In the case of a decision indicating that an award is to be made, a calculation of how the amount of the award was determined will also be provided. In turn, this will reduce the number of...

Seanad: Health (Repayment Scheme) Bill 2006: Committee Stage. (13 Jun 2006)

Seán Power: I do not accept this amendment because the legal advice received from the Attorney General's office indicates that no person not party to a decision can appeal a decision without permission of the courts. The rules of the superior courts make it clear that no person has a right to be joined to an appeal without special permission of the court hearing the appeal. To minimise confusion that may...

Seanad: Health (Repayment Scheme) Bill 2006: Committee Stage. (13 Jun 2006)

Seán Power: No matter what legislation we pass in this House there is no guarantee that it will not be challenged.

Seanad: Health (Repayment Scheme) Bill 2006: Committee Stage. (13 Jun 2006)

Seán Power: A connected person can make an appeal because he or she is joined.

Seanad: Health (Repayment Scheme) Bill 2006: Committee Stage. (13 Jun 2006)

Seán Power: I do not accept this amendment because an independent, transparent appeals process is to be established for this scheme. The appeals officer or officers will be provided with guidelines on the procedures for dealing with appeals. Having one appeals process for the scheme will ensure a consistent approach to dealing with appeals. All applicants will be advised on their right to an appeal and...

Seanad: Health (Repayment Scheme) Bill 2006: Committee Stage. (13 Jun 2006)

Seán Power: Unfortunately I cannot accept this amendment as an appeals officer cannot determine a matter of fraud, under the Constitution only a court can determine if fraud has occurred. The procedure is, if the scheme administrator has a concern regarding a repayment made, he or she should inform the HSE. The HSE would then investigate the matter further and, if it is evident that it may be a case of...

Seanad: Health (Repayment Scheme) Bill 2006: Committee Stage. (13 Jun 2006)

Seán Power: It is not easy to give bad news and if people have money in their bank accounts there will always be a certain reluctance to repay it. If money has been received through a fraudulent claim we have the duty to recoup it but the applicant will be notified about the mistake that has taken place.

Seanad: Health (Repayment Scheme) Bill 2006: Committee Stage. (13 Jun 2006)

Seán Power: How does it work under social welfare? That is how it will operate.

Seanad: Health (Repayment Scheme) Bill 2006: Committee Stage. (13 Jun 2006)

Seán Power: In these instances contact will be made with the person who received the money notifying him or her.

Seanad: Health (Repayment Scheme) Bill 2006: Committee Stage. (13 Jun 2006)

Seán Power: That is my understanding of the scheme and the manner in which it will operate. People will be notified of the mistake.

Seanad: Health (Repayment Scheme) Bill 2006: Committee Stage. (13 Jun 2006)

Seán Power: We will then enter into negotiations. This is normal procedure in order to give a person the opportunity to repay the money.