Richard Bruton (Dublin North Central, Fine Gael)
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Question 68: To ask the Tánaiste and Minister for Health and Children if, in the case of one separated spouse continuing to pay maintenance to support the other spouse, both spouses will continue to be treated as a unit only paying €85 per month towards drug costs for drugs refund scheme purposes; and if she will make a statement on the matter. [20524/05]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The statutory basis for the drug payment scheme, DPS, is section 59 (2) of the Health Act 1970. It states that the health board shall make arrangements to meet the balance of the cost, or a portion thereof for expenditure incurred on drugs, medicines and medical and surgical appliances for the treatment of a person or his dependants.

There is no definition of "dependant" in the 1970 Health Act. Under social welfare legislation, the Disabled Persons Maintenance Allowance Regulations 1995, an adult dependant includes a spouse. "Spouse" is defined as each person of a married couple who are living together or a man and woman who are not married to each other but are cohabiting as husband and wife. It is the policy of the Department of Health and Children to follow these regulations in determining eligibility for the purposes of the DPS.