Paul McGrath (Westmeath, Fine Gael)
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Question 173: To ask the Tánaiste and Minister for Health and Children if persons presenting in public nursing homes are obliged to pay charges; and when those charges became operative. [21937/05]

Paul McGrath (Westmeath, Fine Gael)
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Question 174: To ask the Tánaiste and Minister for Health and Children the rate of charges applicable for patients in public nursing homes. [21938/05]

Paul McGrath (Westmeath, Fine Gael)
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Question 175: To ask the Tánaiste and Minister for Health and Children if it is appropriate for patients in public nursing homes to pay current charges when they are also owed refunds for moneys charged illegally to them. [21939/05]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I propose to take Questions Nos. 173 to 175, inclusive, together.

I and my colleague, the Minister for Finance, signed the Health (Charges for In-Patient Services) Regulations, 2005 on 14 June 2005, and these regulations reinstate charges for inpatient services. Section 53 of the Health Act, 1970, as amended by the Health (Amendment) Act 2005, provides, inter alia, 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. In this regard, charging for patients in long-term care cannot commence until the expiration of 30 days after the regulations were signed, which means that the earliest date on which charges can be levied is 14 July 2005.

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 — class 1 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; and class 2 — class 2 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.

The Government has agreed the key elements of a scheme for the repayment of long stay charges for publicly funded long-term residential care. 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.

The practice of charging or seeking a contribution from patients-clients who have income has been a feature of the health service for a number of years. This is consistent with the principle that where individuals are in a position to contribute a modest amount to the cost of their care, it is reasonable that they do so.