Michael Ring (Mayo, Fine Gael)
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Question 37: To ask the Tánaiste and Minister for Health and Children if, in regard to the refund payments for persons in long term care, persons who were in long-term care for a number of months and then returned home will be refunded. [5352/05]

Michael Ring (Mayo, Fine Gael)
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Question 38: To ask the Tánaiste and Minister for Health and Children if, in regard to the refund payments for persons in long term care, the next of kin to persons who were in long-term care but are now deceased will be refunded. [5353/05]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I propose to take Questions Nos. 37 and 38 together.

The category of person who will receive refunds under the ex gratia payment scheme, in respect of payments deducted from them for publicly-funded longstay care in facilities run by former health boards or private nursing homes, solely by virtue of a contractual arrangement with a former health board, comprises fully eligible persons, including those who had their medical card withdrawn on admission to the institution, who were alive on 9 December 2004. For clarification purposes, such fully eligible persons who were in long-term care in the institutions in question for a number of months, who had payments deducted from them for such care, and then returned home are included in the category of person who will receive refunds under the ex gratia scheme.

Those qualifying under the scheme will be paid up to €2,000 if they have already paid up to that amount by way of charges. Where persons have been charged anything less than €2,000, they will be refunded the amount they have paid. The scheme does not apply in the case of persons who were in longstay care in the institutions in question but who died before 9 December 2004.

If, however, individuals concerned died on or after this date, then payments will be made to the executor or person who has taken out the grant of administration in respect of the individual who has died. The Health Service Executive is making the necessary arrangements with regard to this scheme and payments to those in longstay care have already commenced.

My Department in consultation with the Office of the Attorney General is examining the decision of the Supreme Court delivered yesterday in the matter of Article 26 of the Constitution and the Health (Amendment) (No. 2) Bill 2004 which found the Bill to be unconstitutional in part.