Enda Kenny (Mayo, Fine Gael)
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Question 148: To ask the Tánaiste and Minister for Health and Children the legal basis for the practice whereby persons with disabilities who are in residential care have all or part of their disability benefit or allowance withheld by the residential care facility; the extent of this practice; if such practices will be affected by the Supreme Court judgment of 16 February 2005 on elderly persons in nursing home care; and if she will make a statement on the matter. [6090/05]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The practices of charging or seeking a contribution from clients with a disability in residential care who had income which may include a disability benefit or allowance has been common practice. Following the Attorney General's advice that there was no legal basis for such charges, the health agencies were instructed to stop charging for long-stay care on 9 December 2004. The situation concerning contributions sought for rent or other expenses was further clarified by the Department in a letter issued on 23 December 2004.

The Health Service Executive has obtained legal advice on these practices which supported the Department's decision in December to cease charging or the payment of contributions by eligible persons. My Department is considering the extent to which these practices are affected by the Supreme Court decision of 16 February 2005 and this will be taken into account in the detailed operation of the repayments scheme which I expect to put in place shortly.