Michael Lowry (Tipperary North, Independent)
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Question 110: To ask the Tánaiste and Minister for Health and Children if she plans to include elderly day care patients as class 2 persons under regulations; if she will clarify, using examples, the type of patients included under the regulations under each class provided for; and if she will make a statement on the matter. [23166/05]

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. 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 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 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.

These regulations provide for the maximum charge to be levied on either class of person. However, the Health Service Executive has power to reduce or waive a charge on the grounds of "undue hardship". Under the regulations, only the HSE has the power to levy a charge. It is a matter for the HSE, based on its own legal advice and taking into account the individual circumstances as well as the service being provided, to make a decision on charges.