Written answers

Wednesday, 11 May 2005

Department of Health and Children

Nursing Home Charges

9:00 pm

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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Question 103: To ask the Tánaiste and Minister for Health and Children the number of calls received to date by the national repayments scheme helpline; the latest information available to her Department regarding the extent of the potential cost to the Exchequer of the illegal charges; the progress made to date by the Government committee considering the question of repayments; if the committee has yet reported to Cabinet; if a decision has been made as to whether or not the statute of limitations will apply; and if she will make a statement on the matter. [15307/05]

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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A memorandum for Government, regarding the repayment scheme for charges for residential long-term care, was brought before Cabinet for consideration, and the Government has agreed the key elements of a scheme for the repayment of long-stay charges.

All those who were charged and are alive, and the estates of all those who were charged and died in the six years prior to 9 December 2004, will have the charges repaid in full. The scheme will not allow for repayments to the estates of those who died more than six years ago. The repayments will include both the actual charge paid and an amount to take account of inflation, using the CPI, since the time the person involved was charged.

Legislation will be brought before the Oireachtas as soon as possible to provide a clear legal framework for the scheme. In the case of those who were charged and are still alive, the repayments will be exempt from tax and will not be taken into account in assessing means for health and social welfare benefits. The normal tax and means assessment arrangements will apply to those who benefit from repayments to estates.

An outside company with experience in handling mass claims will be engaged to design and manage the scheme within the parameters of the key principles approved by Government.

A national steering committee will be appointed to provide an independent input into the design of the scheme and to monitor the operation of the scheme to ensure that it is being implemented quickly and in the most equitable and effective way possible.

The scheme will be designed and managed with the aim of ensuring that those who are eligible for repayments receive them as soon as possible and with the minimum possible imposition of bureaucracy. Priority will be given to those who are still alive. Many of those eligible for repayments have already been identified under the ex gratia payments process. The scheme will include a transparent and thorough appeals process.

The legislation will include appropriate safeguards to prevent exploitation of those who receive repayments and are not in a position to manage their own financial affairs.

The scheme will include a provision to allow those eligible for a repayment to waive their right to a repayment and have the money assigned to fund one-off service improvements in elderly, mental health and disability services.

It is estimated that about 20,000 people who are still alive and a further 40,000 to 50,000 estates will benefit. It is estimated that the scheme will cost approximately €1 billion. The decision to limit payments to the estates of those who died in the past six years reflects the reference in the Supreme Court judgment to the Statute of Limitations.

The national helpline set up by the Health Service Executive to allow people to register if they believe they are due a repayment will continue to operate, but there is no need for anyone who has already registered using that facility to make contact with the HSE again to register for the scheme.

The total number of calls dealt with by the national repayment scheme helpline up to 10 May 2005 was 10,157.

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