Seán Power (Kildare South, Fianna Fail)

The Health (Repayment Scheme) Act 2006 came into effect on 30 June last and provides a legal framework to repay recoverable health charges for publicly funded long-term care. The Act also applies a legislative framework to the operation of patient private property accounts which, at the request of the patient, may be operated by the Health Service Executive. The executive may invest the funds to obtain interest for the patient. Patients at all times have access to the funds and may draw on them as they wish. The system provides the patients with an ability to exercise autonomy towards such activities as choice of clothing, recreation activities and so on.

Section 9 of the Health (Repayment Scheme) Act 2006 is being amended in Schedule 2, Part 7 of the Bill to allow the Health Service Executive to invest such funds with the National Treasury Management Agency on behalf of patients. Previously, under section 9, the Health Service Executive was authorised to invest money with institutions authorised by the Irish Financial Services Regulatory Authority but the provisions did not allow for investment with the National Treasury Management Agency because it is not covered by the Irish Financial Services Regulatory Authority legislation. The National Treasury Management Agency is involved with investing money on behalf of the State and deposits with that agency are not covered by the Taxes Acts provisions which require deposit takers to deduct deposit interest retention tax. Money invested will also be Government-backed, with competitive rates and no fees.

Amendment No. 23 is a further amendment to the Schedule and is a technical amendment to deal with an issue where a patient to whom the Act applies is a ward of court. The Circuit Court has 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 wards of the High Court only has responsibility for wards who have property with a value in excess of €6,350 or an income from interest on savings or investments in excess of €380 per annum. A patient whose property value or income from interest on savings or investments are below either of the thresholds to which I have just referred 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. The 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. This puts beyond doubt the right of patients who are wards of the Circuit Court to have the county registrars apply for repayment of funds, in line with the provisions of the Act.