Joan Burton (Dublin West, Labour)
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Question 94: To ask the Tánaiste and Minister for Health and Children when the regulations providing for the imposition of charges on those in long-term care will be published and enacted; if she will list those who will be covered; the reason for the delay in producing the regulations (details supplied); and if she will make a statement on the matter. [20814/05]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I, and my colleague, the Minister for Finance, signed the Health (Charges for In-Patient Services) Regulations 2005 on 14 June last, and these regulations reinstate charges for inpatient services and put them on a sound legal basis for the first time in 29 years. The regulations were laid before the Houses of the Oireachtas on 16 June.

These regulations provide for the levying of a charge in respect of the maintenance of persons in receipt of inpatient services. Section 51 of the Health Act 1970 defines inpatient services as meaning "institutional services provided for persons while maintained in a hospital, convalescent home or home for persons suffering from physical or mental disability or in accommodation ancillary thereto".

The regulations, in keeping with section 53 of the Health Act 1970, as amended, have provided for two different classes of persons on whom charges can be levied.

Class 1, the first class, refers to people in receipt of inpatient services on premises where nursing care is provided on a 24 hour basis on those premises. In this case, a weekly charge can be levied of €120 or the weekly income of that person less €35, whichever is the lesser. Class 2, the second class, refers to people in receipt of inpatient services on premises where nursing care is not provided on a 24 hour basis on those premises. In this situation, a weekly charge can be levied of €90, or the weekly income of that person less €55 or 60% of the weekly income of that person, whichever is the lesser.

Section 53 of the Health Act 1970, as amended by the Health (Amendment) Act 2005, provides, inter alia, that the HSE may reduce or waive a charge imposed if it is of the opinion that, having regard to the financial circumstances of that person, it is necessary to do so in order to avoid undue financial hardship in relation to that person. This section also allows for the levying of a charge where inpatient services have been provided for a period of not less than 30 days or for periods aggregating not less than 30 days within the previous 12 months. It also ensures that the weekly rate shall not exceed 80% of the maximum of the weekly rate of the old age non-contributory pension payable at the time.