Paul Kehoe (Wexford, Fine Gael)
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Question 48: To ask the Tánaiste and Minister for Health and Children the way in which the home of a person is calculated in relation to subvention assessment; the situation when the house is signed over to another member of the family before the subvention application; if she will provide any other relevant information with regard to the use of the house when calculating subvention; and if she will make a statement on the matter. [8550/05]

John Cregan (Limerick West, Fianna Fail)
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Question 103: To ask the Tánaiste and Minister for Health and Children the position regarding the assessment of income and assets for nursing home subvention; if there are standard rules on this assessment country-wide or if each region of the HSE has its own rules; the way in which property in the Dublin region is assessed, if at all, when the spouse of elderly person lives at home; when an adult son with no other property lives at home and has done so for five and six years and on occasions since age 25; and if the value of house would be excluded. [9053/05]

Seán Power (Kildare South, Fianna Fail)
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I propose to take Questions Nos. 48 and 103 together.

As the Deputies will be aware, the Health (Nursing Homes) Act 1990 and the Nursing Homes Regulations 1993 provide for the payment of subvention for private nursing home care for applicants who qualify on both medical and means grounds.

Under the regulations the Health Service Executive when considering an application for subvention carries out a means test which takes into account the means of the applicant and his or her spouse-cohabiting partner, where appropriate and the assets of the applicant. The means test is usually carried out by the local community welfare officer and involves looking at the applicant's income for the previous 12 months. Income from all sources is taken into account, including wages, salary, pension, allowances, payments for part-time and seasonal work, income from rentals, investments and savings and all contributions from all sources. Income is assessed net of PRSI, income tax and the health contribution and the income of a married or cohabiting person is taken to be half the total income of the couple. In assessing an applicant's assets the first €7,618 of such assets is disregarded and if their assets, excluding their principal residence exceed €25,740, an application may be refused.

An application for subvention may be refused under section 22 of the Second Schedule of the Nursing Homes (Subvention) Regulations 1993 if the value of the applicant's principal residence is in excess of €95,230 and the residence is not occupied by a spouse, a son or daughter aged less than 21 years or in full-time education or a relative in receipt of the disabled person's maintenance allowance, blind person's pension, disability benefit, invalidity pension, or old age non-contributory pension and the person's income is greater than €6,350 per annum. If the house is not occupied by one of the above listed, then the HSE may impute an annual income equivalent to 5% of the estimated market value of the principal residence. If an applicant's spouse is still resident in their home at the time of application, then that house may not be assessed for subvention purposes.

In the case of the HSE, eastern area, the practice is to carry out a full financial assessment on the applicant and to assess the value of the property as part of this assessment. If an adult son or daughter aged 21 years or more and not in full-time education only is resident in the house at the time of application and is not in receipt of one of the above listed payments from the Department of Social and Family Affairs, then the house may be assessed for subvention purposes. The HSE may assess the value of any asset or assets transferred from the ownership of the person in the five years prior to the application in assessing the means of the person.

Tony Gregory (Dublin Central, Independent)
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Question 49: To ask the Tánaiste and Minister for Health and Children if, in view of the exceptional circumstances (details supplied) an enhanced nursing home subvention will be granted to a person; and if she will make a statement on the matter. [8551/05]

Seán Power (Kildare South, Fianna Fail)
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The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the provision of health services in County Dublin. Accordingly, my Department has requested the chief officer for the executive's eastern regional area to investigate the matter raised and to reply directly to the Deputy.