Dan Boyle (Cork South Central, Green Party)
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Question 197: To ask the Minister for Social and Family Affairs if, in relation to the refund of withheld pensions to residents in welfare homes, the basis of justification and legality of granting exemptions to these refunds [i]vis-á-vis[/i] the position of similar pensioners who were not resident in welfare homes during the period and are thus subject to the normal means test and the financial consequences or penalty for accruing assets over the years from their pensions above the disregard in place from time to time. [31026/05]

Dan Boyle (Cork South Central, Green Party)
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Question 198: To ask the Minister for Social and Family Affairs his proposals to ring-fence payments in a manner that will allow his officials to determine the source of the assets in future reassessments of means of the pensioners concerned especially after their deaths in relation to the refund of withheld pensions to residents in welfare homes. [31027/05]

Dan Boyle (Cork South Central, Green Party)
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Question 199: To ask the Minister for Social and Family Affairs if a decision has been made as to whether the same ring-fencing will be put in place in the case of the estates of deceased pensioners who have been resident in welfare homes during the period and are not entitled to refunds in relation to the refund of withheld pensions to residents in welfare homes. [31028/05]

Séamus Brennan (Dublin South, Fianna Fail)
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I propose to take Questions Nos. 197 to 199, inclusive, together.

Earlier this year, the Government agreed the key elements of a scheme for the repayment of long-term stay charges. As I previously announced, these repayments will not impact on the current pension entitlements of affected persons. It will be a matter for pensioners themselves to decide what they do with any repayments received and they can, if they wish, deposit the moneys involved in any number of accounts. For means test purposes, once my Department has confirmed that such a repayment was received, an amount equivalent to that repayment will be exempt from assessment for pension purposes provided the pensioner owns capital equal to or in excess of the repayment sum. Where the pensioner's capital is less than the sum repaid all of the pensioner's capital will be exempt. These arrangements will also apply in those cases where a deciding officer of my Department is required to make a revised decision on entitlement following the death of a recipient of a social assistance payment. These arrangements will apply only in those cases where a repayment was made by the Health Service Executive. The current capital assessment arrangements will continue to apply to all other persons and situations.

Over the period in question, my Department paid affected persons their full pension and other social welfare entitlements and had no function in the deduction of the charges made. Given the unique background to the repayments, the Government decided that receipt of the lump sums involved would not incur a tax liability or adversely affect future entitlement to health services and social welfare payments in the case of those who were charged and are still alive. I will make the necessary legislative changes to bring the social welfare aspects of this decision into effect when full details of the repayment scheme have been finalised.