Paul Kehoe (Wexford, Fine Gael)
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Question 398: To ask the Tánaiste and Minister for Health and Children the position regarding an application for refund under the national repayment scheme for a person (details supplied) in County Wexford; when a decision will be made; and if she will make a statement on the matter. [25368/05]

Seán Power (Kildare South, Fianna Fail)
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The Government has agreed the key elements of a scheme for the repayment of long stay charges for publicly funded residential care, some of whom may be resident in private nursing homes.

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 prior to that date. The repayments will include both the actual charge paid and an amount to take account of inflation, using the consumer price index, 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.

A national oversight committee has been appointed by the Tánaiste to provide an independent input into the design of the scheme and to monitor the operation of the scheme in order to ensure that it is being implemented quickly and in the most equitable and effective way possible.

An outside organisation with experience in handling mass claims will be engaged by the Health Service Executive, HSE, to design and manage the scheme within the parameters of the key principles approved by Government. The organisation selected will work closely with the HSE to ensure that the co-operation is forthcoming on records held by the health agencies. It is anticipated that an organisation will be selected this autumn and will begin work on the design of the scheme. 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 in terms of bureaucracy. Priority will be given to those who are still alive. Many of those eligible 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.

The national helpline set up by the HSE 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 this facility to make contact with the HSE again to register for the scheme. Any person who considers that they or a family member may be eligible for repayment may register their interest in advance with the Health Service Executive, by writing to the National Refund Scheme, HSE Midland Area, Arden Road, Tullamore, County Offaly, by e-mail to refundscheme@mailq.hse.ie, or by calling the helpline 1800 777737 during office hours.