Brian O'Shea (Waterford, Labour)
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Question 113: To ask the Tánaiste and Minister for Health and Children her proposals to ask the Health Service Executive to review the long stay charges national guidelines regarding levying a charge on persons for long stay inpatient services, where persons with an intellectual, physical or mental disability are residing in community type residences, bearing in mind that in a substantial number of cases these persons return to family homes at the weekend and in general can be left short of money for ordinary requirements; and if she will make a statement on the matter. [31212/05]

Mary Harney (Dublin Mid West, Progressive Democrats)
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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.

The Health (Charges for In-Patient Services) Regulations 2005 were signed on 14 June 2005. These regulations re-instate charges for inpatient services. In this regard, charging for patients in long-term care did not commence until the expiration of 30 days after the regulations were signed, which means that charges were levied from 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".

In keeping with section 53 of the Health Act 1970, as amended, the regulations 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. The HSE has the power to reduce or waive a charge on the grounds of "undue hardship". Under section 1(b) of the Health (Amendment) Act 2005, the HSE can examine a person's overall financial situation in view of the person's reasonable expenditure in relation to themselves or their dependants, if any.

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.