Billy Kelleher (Cork North Central, Fianna Fail)

I will be taking this matter on behalf of my colleague, the Minister for Health and Children, Deputy Harney. I thank Senator Corrigan for raising it and I am pleased to have the opportunity to set out the position in respect of the health repayment scheme.

Eligibility for repayment under the scheme has been based on the repayment of charges agreed by the Government following consideration of the Supreme Court judgment of 16 February 2005. Recoverable health charges are charges that were imposed on persons with full eligibility under the Health (Charges for In-patient Services) Regulations 1976, as amended in 1987, or charges for inpatient services only, raised under the Institutional Assistance Regulations 1954, as amended in 1965. It is these charges which are repayable under the scheme.

The health repayment scheme was launched in August 2006 and is administered by the Health Service Executive, HSE, in conjunction with the appointed scheme administrator KPMG-McCann Fitzgerald. The HSE has indicated that as of 2 November 2007 more than 31,000 claim forms have been received, 4,663 payments totalling more than €92 million have issued and 6,733 offers totalling more than €129 million have been made.

The Health (Repayment Scheme) Act 2006 provides a clear legal framework to repay recoverable health charges for publicly funded long-term residential care. All those fully eligible persons who were wrongly charged and are alive will have their charges repaid in full. The estates of all those fully eligible persons who were wrongfully charged for publicly funded long-term residential care and who died since 9 December 1998 will have the charges repaid in full. The scheme does not allow for repayments to the estates of those who died prior to that date.

The Department of Health and Children has been advised by the HSE that the scheme administrator is confident that all claims submitted by eligible applicants by 31 December 2007 will be processed within the administrator's two-year contract for administering the scheme, which expires at the end of June 2008.

Charging for long-stay care under the Health (Amendment) Act 2005 is being implemented by way of the Health (Charges for In-Patient Services) Regulations 2005. These regulations were signed on 14 June 2005 and reinstated charges for inpatient services and provided for the levying of a charge in respect of the maintenance of persons in receipt of such services. The regulations were prepared following extensive consultation with the HSE and others. They provide for the maximum charge that may be levied. However, the actual charge may, depending on individual circumstances, vary from person to person.

Following the enactment of the Health Amendment Act 2005 and the Health (Charges for In-Patient Services) Regulations 2005, the HSE established an expert group to deal with this complex area and to develop a set of national guidelines to deal with the provisions of the legislation. This expert group, having considered legal opinion and its implications in respect of complex cases, developed a comprehensive set of guidelines in line with best practice. When drafting the guidelines, the group considered section 4(b)(4) of the Health (Amendment) Act 2005 which provides that the HSE may reduce or waive a charge imposed on a person if it is of the opinion that, having regard to the financial circumstances of that person, it is necessary to do so in order to avoid undue hardship. The Department of Health and Children will arrange to have a copy of the guidelines made available to the Senator.

The provisions of the section were particularly relevant to community hostels, where the residents live largely independent lifestyles, assisted by appropriate supports, with the objective of realising their maximum potential to integrate with the local community. In light of this and in consideration of the additional expenses incurred in the normal course of these independent lifestyles, the criteria used by the HSE for assessment for residents in such hostels include an allowance — up to a maximum of €90 per week — towards socialisation-care plan expenses. This allowance relates to the additional expenses incurred as a result of greater independence and integration into the community.

When calculating the charge, the HSE also makes an allowance — up to a maximum of €60 per week — for any contribution that the resident makes towards the weekly running costs of a community hostel. In addition to these allowances, other allowances are also listed in the national guidelines and these can, if applicable, be factored into an individual's assessment for a charge. Included in this regard are a dependent child, life assurance, medical insurance, rent or mortgage allowances, loans or repayments, maintenance payments, travel costs, rehabilitative employment allowance and other outgoings.

The health repayment scheme covers those persons with full eligibility who were charged under either the Health (Charges for In-Patient Services) Regulations 1976 or the Institutional Assistance Regulations 1954, as amended. Any person with an intellectual disability who is living in residential accommodation will be assessed for repayment within this legal framework.

I hope I have clarified the position for the Senator. If she does not receive a copy of the guidelines, she should contact the office of the Minister.