Written answers

Tuesday, 22 February 2005

Department of Health and Children

Nursing Home Charges

8:00 pm

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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Question 136: To ask the Tánaiste and Minister for Health and Children the estimate of money owed to persons or their families from County Clare as a result of the Supreme Court decision of 16 February 2005, that the Health Bill is unconstitutional; if there is no current estimate for County Clare, when one will be available. [5926/05]

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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My Department is studying the Supreme Court judgment in detail and will take on board all the consequences for policy and law arising from it. The details of a repayment scheme to address the situation following the Supreme Court decision is being finalised and it is only following this that it would be possible to calculate the money owed by specific area.

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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Question 137: To ask the Tánaiste and Minister for Health and Children if she will consider accessing the national pensions reserve fund on a once-off basis to fund the cost of reimbursement of the nursing home charges on foot of the Supreme Court's decision of 16 February 2005 that such charges were unlawful; and if she will make a statement on the matter. [5928/05]

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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The national pensions reserve fund was established for the purpose of meeting as much as possible of the cost to the Exchequer of social welfare pensions and public service pensions to be paid from the year 2025 until the year 2055, or such other subsequent years as may be specified, as set out in section 18(1) of the National Pensions Reserve Fund Act 2000. Section 20(1) of the Act states "the Commission shall not make any payment from the fund to the Exchequer before the year 2025".

My Department is studying the Supreme Court judgment in detail and will take on board all the consequences for policy and law arising from it. The cost of reimbursement will be met from the Vote for the health service Estimate. A Supplementary Estimate to cover the costs will be moved in due course.

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