Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

The Senator will be aware that in accordance with the relevant health legislation, full eligibility for a medical card is awarded where a person cannot arrange GP services for himself or herself and his or her family without undue hardship, having regard to his or her financial circumstances.

It is important to clarify that, under the Health Act 1970, as amended, the determination of an individual's eligibility for a medical card is the statutory responsibility of the HSE. Under the legislation, it is clear that there is no role for the Minister for Health in assessing an individual's medical card eligibility. Furthermore, under the Health Act 2004, as amended by the Health Service Executive (Governance) Act 2013, the Minister for Health may not give a direction to the HSE relating to a decision concerning the eligibility of an individual.

By way of assistance, Senators may be aware that there is a dedicated PCRS contact service for Members of the Oireachtas. This service deals specifically with queries about medical cards and GP visit card. The details of the contact service have been issued to all Members of the Oireachtas and I would be happy to forward the details to Senators, if they so wish.

On the case to which the Senator refers, I believe it would be inappropriate to discuss the family circumstances and their financial details in public in the Seanad. However, I can advise the Senator that medical card applications are considered by the HSE in a fair and equitable manner on the basis of an assessment of the applicants' means, by reference to the HSE's national assessment guidelines and in accordance with the health legislation.

The HSE has, however, discretion to grant a medical card in circumstances where there is undue hardship in the arranging of medical services. For example, if an applicant's means are above the financial thresholds set out in the national guidelines, the HSE examines for any indication of medical or social circumstances, which might result in undue hardship in the arranging of medical services. In order to fully take account of all the relevant circumstances that may benefit an applicant in the assessment, a range of information and documentation must be provided, as outlined on the application form.

The HSE makes every effort to provide a person with sufficient time to renew his or her eligibility. Where a review form is returned, but not fully completed by the expiry date, it is HSE policy to extend the eligibility for a reasonable period of time until the review is carried out and a final decision made. I understand from the HSE that in this case some information is outstanding.

Finally, I can advise the Senator that medical card holders who engage with the review of their medical card eligibility will not have their eligibility withdrawn before the review is complete.