Mary Upton (Dublin South Central, Labour)
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Question 147: To ask the Tánaiste and Minister for Health and Children if she will review the current practice of residential homes, such as St. Michael's House and St. John of God, taking half of their client's weekly disability allowance; and if she will make a statement on the matter. [9567/05]

Tim O'Malley (Limerick East, Progressive Democrats)
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The practice 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 had been a feature of the health services for many years. 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 regarding contributions sought, for rent or otherwise, was further clarified by my Department in a letter issued on 23 December 2004. The Health Service Executive has obtained legal advice on these practices which supports the Department's decision in December to cease charging or requiring 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.