Richard Bruton (Dublin North Central, Fine Gael)
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Question 205: To ask the Tánaiste and Minister for Health and Children the categories of long stay accommodation which are covered by the refund scheme as a result of unlawful deduction of charges; if community homes catering for persons with a disability or with a psychiatric illness are covered; the steps taken so far to contact those believed eligible for refunds in all categories; the number of persons to whom a €2,000 interim payment have been made and the number to whom no such payment has been made; and the entitlement of estates of persons who are now deceased. [28311/05]

Mary Harney (Dublin Mid West, Progressive Democrats)
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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. All those fully eligible persons, including those with disability or psychiatric illness who were illegally charged for long stay care in an inpatient setting, will have the charges repaid in full. 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.

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. A national oversight committee has been appointed and has already begun its work. It will provide an independent input into the design of the scheme and will 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. 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 for repayments have already been identified under the ex gratia payments process. The scheme will include a transparent and thorough appeals process.

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 company selected will work closely with the HSE to ensure that the necessary co-operation is forthcoming on records held by the health agencies. The HSE has received expressions of interest from a number of companies and these have been short-listed. It is anticipated that the successful organisation will be selected in November and will begin work on the design of the scheme. The national helpline has been set up by the HSE to allow people to register if they believe they are due a repayment. This 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. Figures provided by the HSE up to and including 5 September 2005 indicate that 9,928 people have received payment under the ex gratia scheme. My Department has requested the HSE to provide the further information requested by the Deputy.